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151137P.pdf 05/04/2016 United States v. Anthony Laurita
U.S. Court of Appeals Case No: 15-1137
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Chief Judge Riley, Author, with Beam and Kelly, Circuit
Judges]
Criminal Case - suppression. In this government appeal of grant of motion
to suppress, upon consideration the appropriate factors and after weighing
the totality of the circumstances, a reasonable person in defendant's
position would have felt free to terminate or leave the interview with an
FBI special agent and a computer expert, conducted at defendant's place of
business in a closed conference room, and thus the defendant was not
subjected to a custodial interrogation. The district court erred in
suppressing the statements made during the interview. Judge Kelly
dissents.