Answer Key United States v. United States v. United States v. United States v. Kim Luna-Encinas Romaszko Thompson Language Used to Voluntarily went Serious tone of Supervisor required Police identified Summon the Individual to store, voice attendance, themselves, Separated from in context Meeting was during Asked and were husband at of search, work at work invited, door told to Guns Conversational up” drawn approach “shut Confrontation with Not Yes Not known Showed sketch Evidence of Guilt that matched him Physical In her own Outside his Office of station manager Seated in his Surroundings/Location store, own home living room Separated from husband, Surrounded by officers Duration 1+ to 3 hours 20 minutes Not known Several hours Degree of Pressure Isolated Police in At 5 times asked to No apparent Applied (physical or from backyard with leave or tried to stand, pressure otherwise) husband guns, Told you’re not “No, and son, Told to pull going anywhere.” Told not to up shirts, speak Korean, Told to sit She was seated, and stay, officers standing Told not to talk to each other Other Factors Language barrier Spanish- Anticipated job loss if Felt free to go speaking officer didn’t cooperate jogging the on scene next day Considering the In custody Not in custody In custody Not in custody Totality of the Circumstances: In Custody or Not? Discussion Starter: Analysis of the Circuit Courts' Decisions Consider and compare the decisions in U.S. v. Kim; U.S. v. Luna-Encinas; U.S. v. Romaszko; and U.S. v. Thompson. Questions 1. What factors have many of the courts looked at in determining whether a person
Answer Key United States v. Kim United States v. Luna-Encinas United States v. Romaszko United States v. Thompson Language Used to Summon the Individual Voluntarily went to store, Separated from husband at door told to “shut up” Serious tone of voice in context of search, Guns drawn Supervisor required attendance, Meeting was during work at work Police identified themselves, Asked and were invited, Conversational approach Confrontation with Evidence of Guilt Not Yes Not known Showed sketch that matched him Physical Surroundings/Location In her own store, Separated from husband, Surrounded by officers Outside his own home Office of station manager Seated in his living room Duration 1+ to 3 hours 20 minutes Not known Several hours Degree of Pressure Applied (physical or otherwise) Isolated from husband and son, Told not to speak Korean, She was seated, officers standing Police in backyard with guns, Told to pull up shirts, Told to sit and stay, Told not to talk to each other At 5 times asked to leave or tried to stand, Told “No, you’re not going anywhere.” No apparent pressure Other Factors Language barrier Spanish- speaking officer on scene Anticipated job loss if didn’t cooperate Felt free to go jogging the next day Considering the Totality of the Circumstances: In Custody or Not? In custody Not in custody In custody Not in custody Discussion Starter: Analysis of the Circuit Courts' Decisions Consider and compare the decisions in U.S. v. Kim; U.S. v. Luna-Encinas; U.S. v. Romaszko; and U.S. v. Thompson. Questions 1. What factors have many of the courts looked at in determining whether a person
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