United States v. Patterson, No. 15-3022 (7th Cir. 2016)
Annotate this CasePatterson was an armed-robbery suspect. Officer Strayer and FBI Agent Stewart approached Patterson in a driveway. Neither was in a uniform, but both were armed. They identified themselves as FBI, and asked Patterson to show his hands. Strayer kept his hand on his gun. Stewart explained that Patterson's name came up in an investigation and asked Patterson to go to their office to “clear his name.” Patterson agreed and cooperated by allowing a pat down. Patterson affirmatively indicated that he was going voluntarily and got into the front passenger seat. While they talked in a conference room, there was nothing between Patterson and the door. Stewart accused Patterson of the robbery, then stated Patterson was not going to be arrested that day. After initially denying involvement, Patterson confessed. Following the unrecorded two-hour interview, Patterson asked when he would be arrested. Stewart told Patterson that a warrant would likely be secured in a week or two. Patterson agreed to turn himself in. The agents dropped Patterson off at his requested location. Patterson moved to suppress the incriminating statements as made in violation of Miranda. The Seventh Circuit affirmed denial of Patterson’s motion, agreeing that he was not in custody for purposes of Miranda. Nothing indicated that Patterson’s consent to accompany the agents and to speak with them was anything but voluntary. A reasonable person in Patterson’s position would have felt free to leave.
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