United States v. Leese

The United States appeals from an order of September 10, 1998, suppressing a confession of appellee Vicki S. Leese ("Leese") to two postal inspectors from introduction into evidence by the prosecution in her forthcoming trial for misappropriation of postal funds in violation of 18 U.S.C. § 1711. As the historic facts of the case are not in question, we exercise plenary review with respect to the district courts determination as to whether the police conduct found to have occurred constitutes custodial interrogation under all the circumstances of the case. United States v. Benton, 996 F.2d 642, 644 (3d Cir.), cert. denied, 510 U.S. 1016, 114 S. Ct. 613, 126 L.Ed.2d 577 (1993). We find that the postal inspectors did not conduct a custodial interrogation or its functional equivalent. Thus, the order of September 10, 1998, will be reversed.