United States v. Yepa, No. 16-2060 (10th Cir. 2017)Annotate this Case
“Custody does not automatically render [every] exchange an interrogation,” and the Tenth Circuit determined that certain statements defendant Gavin Yepa made while “tired, intoxicated and under tremendous emotional stress” were not the result of police interrogation warranting suppression. Defendant was convicted by a jury of first-degree felony murder in the perpetration of aggravated sexual abuse in Indian country. The sole issue on appeal was whether self-incriminating statements by defendant during a search of his person authorized by a warrant were spontaneous or were the result of interrogation. After a review of the circumstances of the statements, the Tenth Circuit found the district court did not clearly err in finding defendant’s statements were spontaneous and not by virtue of police interrogation.