Miranda warnings are not necessary where defendant is told during interrogation that she could be arrested, but also told she is free to leave

SEARCH & SEIZURE United States v. Jones, No. 07-4141, ___ F.3d ___ (10th Cir. Apr. 23, 2008)(Utah). Appeal of conviction for possessing iodine knowing it would be used to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(c) and 846. HELD: District court did not err by denying defendant’s motion to suppress statements made to federal agent. Agent’s statement to defendant during course of interrogation that he could arrest her did not vitiate his earlier statement to her that she was not under arrest and could leave at any time. Because defendant was free to leave, encounter with agent was not custodial and Miranda warnings were unnecessary. Read the opinion here.