Criminal Interrogation Home.

Byline: Mass. Lawyers Weekly Staff

Where a defendant was convicted of one count of conspiracy and one count of structuring the export of monetary transactions, there was no error in the lower court's denial of the defendant's motion to suppress statements that he made to two FBI special agents during an interview in the defendant's home.

Affirmed.

"Jamie Melo challenges his 2017 convictions, which arise from the investigation into a criminal scheme involving Carlos Rafael. Colloquially known as the 'Codfather,' Rafael owned numerous commercial fishing businesses in the New Bedford, Massachusetts, area and was the leader of a conspiracy that smuggled unreported cash-income from his businesses to his personal bank accounts in the Azores, which are Portuguese islands in the Atlantic Ocean. Melo's convictions stemmed from his role in assisting Rafael in smuggling cash through Logan International Airport in Boston and onto a plane headed to the Azores in the fall of 2015.

"On August 30, 2017, Special Agent Alison Pauley ('SA Pauley') of the Federal Bureau of Investigation and Special Agent Michael Ryan ('SA Ryan') of the United States Department of Homeland Security traveled to Melo's home to request an interview with him regarding the November 2015 trip to the Azores.

"We start with Melo's challenge, based onMiranda v. Arizona, 384 U.S. 436 (1966), to the District Court's denial of his motion to suppress statements that he made to SAs Pauley and Ryan during the August 30, 2017, interview. The District Court rejected the motion on the ground that, although it was not 'an easy [case],' Melo did not need to be given theMirandawarnings which were given only after he had been arrested following the conclusion of that interview before or during the interview because Melo was not then in custody.

"In considering the circumstances in which the questioning took place here, we note at the outset that the interview was conducted in Melo's home. That is of some significance because, although 'a suspect's dwelling may at times comprise a custodial interrogation, such a location generally presents a less intimidating atmosphere than, say, a police station.'

"In addition, we note, only two armed officers were present for the questioning, and neither one brandished his or her weapon in Melo's presence during the questioning.

"Finally, we note two other features of the setting in which the interview...