DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

043891P.pdf   09/01/2005  United States  v.  Jerome Black Bear
   U.S. Court of Appeals Case No:  04-3891
   District of South Dakota   
   [PUBLISHED] [Benton, Author, with Riley and Bowman, Circuit 
   Judges] 
   Criminal case - Criminal law. Defendant was not in custody for 
   Miranda purposes when he made incriminating statements, and the 
   district court erred in suppressing the statements; considering the totality 
   of the circumstances, the district court also erred in suppressing 
   statements defendant made after taking a polygraph test, as he was given 
   his Miranda warnings before the test, and there is not per se rule requiring 
   that the warning be given again before post-exam questioning.