United States v. Roylee Russell Martin, 781 F.2d 671 (9th Cir. 1986). · Go Syfert
United States v. Roylee Russell Martin, 781 F.2d 671 (9th Cir. 1986). Cases Citing This Book View Copy Cite
128 citation events (94 in the last 25 years) across 38 distinct courts.
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At page 673 Determining custody status for hospital questioning47 citing casesdefendant was not in custody when questioned by police at hospital where no facts indicated law enforcement officers were involved in the defendant‟s hospitalization or did anything to extend his stay8 citing courts put it this way · 33 listed here
  • Commonwealth v. Welch, 167 N.E.3d 1201 (Mass. 2021).published
    (There are no facts to indicate law enforcement officials . . . did anything to extend [defendant's] hospital stay and treatment)
  • State of Tennessee v. Harlan v. Ferguson (2025).published
    (rejecting the hospitalized defendant’s claim that he was in custody when questioned by police but the police were not involved in his hospitalization did nothing to extend the hospitalization)
  • People v. Soto, No. B323325 (Cal. Ct. App. June 20, 2024).unpublished
    (police interview of a suspect at a hospital was not a custodial setting requiring a Miranda warning)
  • Marshall v. Williams, No. 2:21-cv-02046 (D. Nev. Sept. 26, 2023).
    (If the police 22 23 5 The fact that the detectives lied to Marshall is not relevant to a custody determination. See Oregon v. Mathiason, 429 U.S. 492, 495 (1977)
  • State v. Angle, 958 N.W.2d 501 (S.D. 2021).published
    See United States v. New, 491 F.3d 369, 373-74 (8th Cir. 2007); United States v. Jamison, 509 F.3d 623, 628-31 (4th Cir. 2007); United States v. Robertson, 19 F.3d 1318, 1321 (10th Cir 1994); United States v. Martin, 781 F.2d 671, 673 (9th…
  • Hamilton v. Stewart, No. 2:15-cv-12709 (E.D. Mich. Jan. 28, 2020).
    (suspect was not in custody when questioned at hospital as there was no evidence that the police were involved in his hospitalization)
  • United States v. Hallford, 280 F. Supp. 3d 170 (D.D.C. 2017).published
    (no Miranda custody when a hospitalized individual “spoke with each of the officers voluntarily, without pressure or coercion,” in the confines of his own hospital room)
  • State v. Reigelsperger, 2017 UT App 101, 400 P.3d 1127.published
    (Quoting United States v. Martin, 781 F.2d 671, 673 (9th Cir. 1985).) Reigelsperger portrays his situation as a continuous period of police oversight and restraint, beginning with his being taken to the hospital and ending with his arrest…
  • United States v. Joseph Hallford, 816 F.3d 850 (D.C. Cir. 2016).published 2 cites
    (holding that a suspect was not in custody even though “questioning . . . took place at the hospital” and he was “not free to leave)
  • United States v. Valance Smith, Sr., 616 F. App'x 362 (9th Cir. 2015).unpublished
    Under these circumstances, the district court did not clearly err in determining that Smith’s waiver was the “product of his free will and rational choice.” See United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985). 3.
Show 23 more citing cases
  • United States v. Parker, 116 F. Supp. 3d 159 (W.D.N.Y. 2015).published
    See, e.g., United States v. Berres, 777 F.3d 1083, 1092 (10th Cir.2015) (defendant who arrived voluntarily at hospital for psychiatric treatment not in custody when interviewed by law enforcement in hospital room); United States v. Infante…
  • State v. Rogers, 2014 ND 134, 848 N.W.2d 257.published
    (defendant, who had been making bombs and was injured in explosion, was not in custody when officers went to hospital and questioned him; officers did nothing to bring about or extend his hospitalization)
  • State of Iowa v. Thaddeus John Ellenbecker, No. 3-968 / 12-2229 (Iowa Ct. App. May 14, 2014).published 2 cites
    (concluding suspect was not in custody when “there are no facts to indicate law enforcement officials were in any way involved in Martin’s hospitalization)
  • State of Maine v. Kristina Lowe, 2013 ME 92, 81 A.3d 360.published 2 cites
    (affirming finding by a preponderance of the evidence that a defendant who was injured but awake and relatively coherent voluntarily spoke with police in the hospital)
  • P. v. Strain, No. C062509M (Cal. Ct. App. July 19, 2013).unpublished
    (defendant was not in custody when questioned by police at hospital where no facts indicated law enforcement officers were involved in the defendant‟s hospitalization or did anything to extend his stay)
  • P. v. Strain, No. C062509 (Cal. Ct. App. June 26, 2013).unpublished
    (defendant was not in custody when questioned by police at hospital where no facts indicated law enforcement officers were involved in the defendant’s hospitalization or did anything to extend his stay)
  • State v. Warrior, 277 P.3d 1111 (Kan. 2012).published
    (defendant, who had been making bombs in his apartment, had been injured in explosion, and had gone to hospital for treatment, was not in custody when officers went to hospital and questioned him, and thus, Miranda warni…)
  • State v. Jackson, 40 A.3d 290 (Conn. 2012).published
    Other factors that courts have considered include whether "the police took a criminal suspect to the hospital from the scene of a crime, monitored the patient's stay, stationed themselves outside the door, [or] arranged an extended treatme…
  • Custodio v. Fisher, 331 F. App'x 513 (9th Cir. 2009).unpublished 2 cites
    See United States v. Doe, 155 F.3d 1070, 1075 (9th Cir.1998) (en banc); United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1986).
  • United States v. Sorensen, 307 F. App'x 52 (9th Cir. 2009).unpublished 2 cites
    See United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993); United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985).
  • Elva Rosemary Nixon v. Commonwealth of Virginia, No. 1768063 (Va. Ct. App. Mar. 25, 2008).unpublished
    “There are no facts to indicate that law enforcement officials were in any way involved in [appellant’s] hospitalization or did anything to extend [appellant’s] hospital stay and treatment.” United States v. Martin, 781 F.2d 671, 673 (9th…
  • State v. Pontbriand, 2005 VT 20, 878 A.2d 227.published 2 cites
    (hospitalized suspect not in custody where police were not responsible for hospitalization and did not unnecessarily extend it)
  • State of Tennesseev. Ira Ishmael Muhammed, alias Ira Ishamel Muhammed, No. E2003-01629-CCA-R3-CD, 2004 WL 1073889 (Tenn. Crim. App. May 10, 2004).published
    (defendant’s statement to officers at hospital where he was being treated that he had been making bombs in an apartment, the destruction of which officers were investigating, was admissible although he had not first been…)
  • Henry H. Cunningham v. City of Wenatchee, & Robert R. Perez, 345 F.3d 802 (9th Cir. 2003).published
    United States v. Mar *811 tin, 781 F.2d 671, 673-74 (9th Cir.1985).
  • William Lee Shackleford v. Susan Hubbard, Warden, 234 F.3d 1072 (9th Cir. 2000).published
    The fact that a suspect is under the influence of drugs or medication is irrelevant if the suspect’s statement was “the product of a rational intellect and a free will.” Mincey v. Arizona, 437 U.S. 385, 398 , 98 S.Ct. 2408 , 57 L.Ed.2d 290…
  • United States v. Campos, 48 M.J. 203 (C.A.A.F. 1998).published
    (voluntary statement of defendant on Demerol and still in pain)
  • United States v. Gilbert Rangel Losoya, 127 F.3d 1107 (9th Cir. 1997).unpublished
    See United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993); United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985).
  • United States v. Eliodero Delacorte, United States of Am. v. Guillermo Willie Riojas, 113 F.3d 1243 (9th Cir. 1997).unpublished
    United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993); Kelley, 953 F.2d at 565 ; United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985).
  • United States v. Granados, 846 F. Supp. 921 (D. Kan. 1994).published
    The defendant expressly waived his rights and said he wanted to talk with the officer. 2 In arguing that his statement was involuntary, the defendant singles out the fact that because of cuts to his head and hand he was in pain and being t…
  • State v. DesLaurier, 630 A.2d 119 (Conn. App. Ct. 1993).published
    In United States v. Martin, 781 F.2d 671, 673 (9th Cir. 1985), the court held that Miranda warnings were not required where police officers went to the hospital to question the defendant when the officers did nothing to bring about or to e…
  • United States v. Martins George, 987 F.2d 1428 (9th Cir. 1993).published
    (holding statements voluntary even though defendant under the influence of Demerol, a pain killer, and still in pain)
  • State v. Tucker, 557 A.2d 270 (N.H. 1989).published
    App. 361, 369-72 , 341 A.2d 294, 300-02 (1975) (consensus of American case law is that questioning of a suspect who is confined in hospital but not under arrest is not custodial interrogation); see also Wilson v. Coon, 808 F.2d 688, 690 (8…
  • State v. Foster, No. 1 CA-CR 16-0338 (Ariz. Ct. App. May 18, 2017).unpublished 3 cites
    See United States v. Martin, 781 F.2d 671, 673 (9th Cir. 1985); see also State v. Tucker, 557 A.2d 270, 272 (N.H. 1989) (collecting cases holding that 3 Foster also asserts Miranda warnings were necessary because it was “plain from the cir…
At page 674 “did not render him unconscious or comatose.”11 citing cases2 citing courts quote it
  • Corrigan v. Dist. of Columbia, 841 F.3d 1022 (D.C. Cir. 2016).published
    Similarly, in United States v. Boettger, 71 F.3d 1410, 1415 (8th Cir. 1995), the police responded to an actual explosion and investigated further “to ascertain the cause of the explosion , and detect other devices which could explode.” So…
  • United States v. Infante, 701 F.3d 386 (1st Cir. 2012).published 6 cites
    See, e.g., United States v. Boettger, 71 F.3d 1410, 1414 (8th Cir. 1995) (warrantless search justified based on "[a] continuing danger [] created by the apparent presence of explosive chemicals and destructive devices"); United States v. M…
  • United States v. Heller, 551 F.3d 1108 (9th Cir. 2009).published 2 cites
    The questioning was not “extended and oppressive.” See United States v. Martin, 781 F.2d 671, 674 (9th Cir.1985).
  • United States v. Jamison, 509 F.3d 623 (4th Cir. 2007).published
    (finding that a defendant, groggy from the effects of Demerol, who spoke with detectives in his hospital room was not in custody and therefore not entitled to Miranda warnings)
  • United States v. Hector Morales Cervantes, AKA Benito C. Carillo, 219 F.3d 882 (9th Cir. 2000).published
    (holding that a potential explosion within an apartment increases the likelihood of finding exigent circumstances)
  • United States v. Edward Boettger, 71 F.3d 1410 (8th Cir. 1995).published 2 cites
    (explosion in apartment complex increased the community interest in investigating the source for fear of further explosions)
  • United States v. William Phillip Cataldo, 47 F.3d 1178 (10th Cir. 1995).published
    In United States v. Martin, 781 F.2d 671, 674 (9th Cir.1985) where an explosion occurred in an apartment and the defendant argued the search should have ceased once it was determined no one was in the apartment, the court said the fact tha…
  • Arnett v. Lewis, 870 F. Supp. 1514 (D. Ariz. 1994).published
    (statement voluntary where defendant was not unconscious or comatose and engaged in coherent and continuous conversation even though in hospital and groggy from pain killers)
  • United States v. Wilbert Gomez & Nelson Zahriya, 846 F.2d 557 (9th Cir. 1988).published
    Federal Rule of Criminal Procedure 12(e) merely requires that "[w]here factual issues are involved in determining a motion, the court shall state its essential findings on the record." See also United States v. Martin, 781 F.2d 671, 674 (9…
  • Timothy Eric Buford v. Raybon Johnson, No. 5:22-cv-00026 (C.D. Cal. Sept. 30, 2025).
    (grogginess and 15 painful injuries were insufficient to establish involuntariness)
Show 1 more citing case
  • United States v. Joseph Spadafore, No. 18-50189 (9th Cir. Jan. 28, 2020).unpublished
    (holding that law enforcement officer’s search was justified by exigent circumstances “[i]n light of the potential danger of additional explosions or fire” and the need “to determine the cause of the explosion and to ens…)
At page 672 finding statements voluntary where defendant was in pain and on medication1 citing case1 citing court put it this way
At page 675 al or accidental destruction); Michigan v. Tyler, 436 U.S. at 510, 98 S.Ct. at 1950 (search for continuing dangers such as faulty wiring or defective furnace);…1 citing caseopening of page *675 (no citing court says what it cites this page for)
  • United States v. Donald Frederick Marutz, 77 F.3d 491 (9th Cir. 1996).unpublished
    See United States v. Echegoyen, 799 F.2d 1271, 1279 (9th Cir.1986) (behavior of officers upon entry of dwelling can indicate exigent circumstances); id. at 1278 (exigent circumstances include "the need to protect or preserve life or avoid…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Roylee Russell MARTIN, Defendant-Appellant
84-1369.
Court of Appeals for the Ninth Circuit.
Jan 24, 1986.
Published opinion
781 F.2d 671
Edward P. Moffat, James McGinnis, Asst. U.S. Attys., Fresno, Cal., for plaintiff-appellee., Gerald R. Lewis, Law Offices of Lewis & Grove, Fresno, Cal., for defendant-appellant.
Goodwin, Brunetti, Stephens.
Cited by 91 opinions  |  Published
BRUNETTI, Circuit Judge:

Roylee Russell Martin was convicted after a court trial of possession of an unregistered firearm and illegal making of a firearm in violation of 26 U.S.C. § 6861. On appeal Martin argues that the district court erroneously denied his motions to suppress certain evidence and statements because (1) he had not received proper Miranda warnings; (2) his statements were not voluntary; and (3) his residence was searched and evidence was unlawfully seized without a warrant. We affirm. FACTS

On July 20, 1983, at approximately 7:00 p.m., the Merced County Police Department received a report of an explosion and an injured person at an apartment complex in the City of Merced. The apartment involved was Martin’s residence. Officer Rick Owens arrived at the scene first. Officer Owens did not see the injured person, but observed blood on the sidewalk. He smelled smoke from outside the apartment and, through an uncurtained window, saw dense black smoke inside the apartment and gunpowder on the kitchen table.

Officer Owens knocked on the apartment door, received no response, and then entered the apartment. He saw explosive materials and devices — some marked as property of the National Guard — scattered around the living room and kitchen. Blood, skin, and flesh fragments were visible on the kitchen walls and ceiling. Officer Owens seized the gunpowder and explosive components before leaving the apartment, and then requested help from the National Guard and the police department.

Within fifteen minutes, Captain Gantney of the National Guard and Police Detective Schindler arrived and entered the apartment. Captain Gantney inventoried and took possession of the National Guard property consisting of gunpowder, smoke grenades, flares and M-16 shells. He destroyed any inherently explosive materials. Military personnel trained in explosive device demolition took possession of the remaining explosive components. The apartment was secured.

That evening, Detective Schindler went to the hospital to talk to Martin. Martin had received an injection of Demerol approximately one-half hour before this conversation and appeared groggy and in much pain. Detective Schindler discontinued the conversation. The next day at approximately 10:30 a.m., Detective Schindler returned to the hospital again to question Martin about the explosion. Martin told Schindler that he had been making bombs for the Sandinistas in Nicaragua. That afternoon Alcohol, Tobacco, and Firearms Agent Galyan spoke with Martin at the hospital.

Schindler and Galyan testified that it was apparent Martin was still under the effects of medication: he was groggy but coherent, conducted continuous conversation, and made eye contact. He did not doze off and asked and answered questions. Martin[*673] testified that when he talked to the officers he had received Demerol medication which made him drowsy and that he was in pain. Notwithstanding, Martin agreed that he spoke with each of the officers voluntarily, without pressure or coercion.

SUPPRESSION OF STATEMENTS

A. Miranda Warnings

The questioning of appellant Martin took place at the hospital where he was being treated for injuries sustained in the explosion. Martin contends that because law enforcement personnel failed to advise him of his constitutional rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), any statements he made should have been suppressed. He argues that he was “in custody” because he was not free to leave the hospital, and that his presence in the hospital was, at least, the functional equivalent of being in custody in that he was deprived of his freedom of action to a significant degree.

The procedural safeguards provided by Miranda were designed to protect individuals from police “custodial interrogation.” Id. at 444, 86 S.Ct. at 1612. The Court in Miranda was concerned about the incommunicado interrogation of individuals in a police-dominated atmosphere which elicits self-incriminating information without informing the suspect of his constitutional rights. Id. at 445. The Court stated that “[a]n individual swept from familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to ... techniques of persuasion ... cannot be otherwise than under compulsion to speak.” Id. at 461, 86 S.Ct. at 1620 (emphasis added).

In the instant case, before the arrival of any investigative officers at the Martin apartment, Martin and his brother went to the hospital. Medical personnel treated Martin there for several days. There are no facts to indicate law enforcement officials were in any way involved in Martin’s hospitalization or did anything to extend Martin’s hospital stay and treatment. In such circumstances, the district court correctly found Martin was not “in custody,” and that the procedural safeguards outlined in Miranda were not required before law enforcement personnel spoke with Martin. The district court properly denied Martin’s motion to suppress statements for failure to give the Miranda warning.

This is not to say that an individual would never be “in custody” when held for medical treatment in a hospital. If the police took a criminal suspect to the hospital from the scene of a crime, monitored the patient’s stay, stationed themselves outside the door, arranged an extended treatment schedule with the doctors, or some combination of these, law enforcement restraint amounting to custody could result. There is nothing in this case to suggest the officers deliberately delayed making a formal arrest in order to avoid compliance with Miranda. 1

B. Voluntariness

Martin contends his statements to police while he was in the hospital were involuntary. He argues that because he was in great pain and under the influence of Demerol, a pain-killing medication, his statements were not the product of his free will and rational choice. Martin cites Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) and Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978) in support of his position.

The facts of both these cases are inapplicable to those of the instant ease. [2] In the[*674] instant case, Martin was awake and relatively coherent during the questioning at the hospital. He sat up in his bed and spoke freely with Detective Schindler and Agent Galyan. When Martin became too groggy to understand the detective's questions, Detective Schindler terminated the interview. There is no evidence of extended and oppressive questioning. Nor had Martin received excessive quantities or unusual combinations of drugs. Martin’s injuries, while painful, did not render him unconscious or comatose. Moreover, Martin said that he wanted to talk to the officers and was not reluctant to tell his story.

The district court properly concluded that “although the defendant was injured and under medical care at the time the statements were made, the type, dosage, and schedule of painkilling narcotic administered to [Martin] was not sufficient to overbear his will to resist the questioning or impair his rational faculties.”

Martin also challenges the sufficiency of the district court’s order. He suggests the district court did not explain its decision on the voluntariness question with the clarity required by Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967). Sims requires only that the district court’s “conclusion that the confession [was] voluntary ... appear from the record with unmistakable clarity.” Id. at 544, 87 S.Ct. at 643. No formal findings of fact or written opinion is required. Id. The district court’s written order in the instant case meets this standard.

SUPPRESSION OF EVIDENCE-WAR-RANTLESS ENTRY AND SEARCH

Martin acknowledges that the initial warrantless entry of his apartment was justified by exigent circumstances. He contends, however, that once Officer Owens determined that no other people were inside the apartment, no further search should have been conducted. He argues that the detectives then turned to a criminal investigation that was unjustified by the exigencies warranting the initial entry, and that the search of his apartment went beyond the scope allowed by the Supreme Court in Michigan v. Clifford, 464 U.S. 287, 104 S.Ct. 641, 78 L.Ed.2d 477 (1984), and Michigan v. Tyler, 436 U.S. 499, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978).

The district court found there were exigent circumstances which justified the law enforcement officers’ warrantless search of Martin’s apartment and seizure of tangible evidence found therein.

First, the officer had received a report of a person bleeding as a result of an explosion. After arriving at the apartment, the officer was unable to get a response from any occupant by knocking on the door. The officer observed smoke through an uncurtained window and could smell smoke while standing outside the apartment. The officer had reason to believe persons in Martin’s apartment might be in need of medical or other assistance.

Because the officer saw and smelled smoke, a second basis existed for immediate investigation of the smoke's source. The fact that Martin’s apartment was within an apartment complex increased the community interest in investigating the source without delay for fear of further explosions or possible fire in other areas of the apartment complex. These circumstances justify not only the search for injured persons, but also the search to determine the cause of the explosion and to ensure that additional explosions or fire would not occur. See Michigan v. Clifford, 464 U.S. at 293-95, 104 S.Ct. at 647 (search to ensure against rekindling of fire; search to preserve evidence from intention[*675] al or accidental destruction); Michigan v. Tyler, 436 U.S. at 510, 98 S.Ct. at 1950 (search for continuing dangers such as faulty wiring or defective furnace); United States v. Urban, 710 F.2d 276, 278-79 (6th Cir.1983) (search for and removal of potentially explosive chemicals).

In light of the potential danger of additional explosions or fire within the apartment complex, the district court correctly concluded that exigent circumstances remained to justify a continued search. Because the officer thereafter observed the weapons and explosive materials in plain view, the seizure of the evidence was proper. See United States v. Murry, 751 F.2d 1528, 1532 (9th Cir.), cert. denied, - U.S. -, 106 S.Ct. 381, 88 L.Ed.2d 335 (1985).

AFFIRMED.

1

. Martin’s arrest occurred approximately six months after his release from the hospital, and seemed to have no relationship to the hospitalization.

2

. In Townsend, a 19-year old heroin addict was arrested while under the influence of heroin. He was moved from police station to police station and run through a line-up over a period of approximately nine hours. During the interrogation process he went into drug withdrawal, was unresponsive to questioning, was injected by a doctor with phenobarbital and hyoscine and given extra phenobarbital tablets to take later to alleviate the withdrawal symptoms. Questioning continued and he gave a full confession.

[*674] In Mincey, the defendant was in an intensive care unit with a hip wound, damaged sciatic nerve and partial paralysis of his right leg. He had tubes in his throat and nose, a catheter in his bladder, he was hooked up to an i-v unit, and had received various drugs. He could not talk and had to write answers to the officer’s questions. He was given a Miranda warning by the interrogating officer. In spite of the fact that the defendant asked repeatedly that interrogation stop until he could get a lawyer, the officer questioned him continuously for four hours.