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Worksheet and Answer Key

Activity worksheet and answer guide for Courts of Appeals decisions in U.S. v. Kim; U.S. v. Luna-Encinas; and U.S. v. Romaszko; U.S. v. Thompson

  • Worksheet
  • Answer Key

Note to Teachers: Use this chart to help students identify the factors that courts might take into consideration in each case to determine if someone is in custody and, therefore, should receive a Miranda warning.

 

Discussion Guide for
COA Cases #1 - #4

United States v.
Kim

United States v.
Luna-Encinas

United States v.
Romaszko

United States v.
Thompson

Language Used to Summon the Individual

 

 

 

 

 

Confrontation with Evidence of Guilt

 

 

 

 

Physical Surroundings/Location

 

 

 

 

 

Duration

 

 

 

 

Degree of Pressure Applied (physical or otherwise)

 

 

 

 

 

 

                                   

Other Factors

 

 

 

 

 

 

Totality of the Circumstances:
In Custody or Not?

 

 

 

 

Note to Teachers: Use this chart to help students identify the factors that courts might take into consideration in each case to determine if someone is in custody and, therefore, should receive a Miranda warning.

Answer Key
COA Cases #1 - #4

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 hours at work

Police identified themselves,
Asked and were invited,
Conversational approach

Confrontation with Evidence of Guilt

Not known

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 least 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

Totality of the Circumstances:
In Custody or Not?

In custody

Not in custody

In custody

Not in custody