Commonwealth v. Busch, 713 A.2d 97 (Pa. Super. Ct. 1998). · Go Syfert
Commonwealth v. Busch, 713 A.2d 97 (Pa. Super. Ct. 1998). Cases Citing This Book View Copy Cite
91 citation events (73 in the last 25 years) across 5 distinct courts.
Strongest positive: Com. v. Harrison, O. (pasuperct, 2025-07-28)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 36 distinct citers.
examined Cited as authority (rule) Com. v. Harrison, O. (6×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2025 · confidence medium
Busch, 713 A.2d at 101, 102 (citations modified).
discussed Cited as authority (rule) Com. v. Townsend, G. (2×) also: Cited "see"
Pa. Super. Ct. · 2021 · confidence medium
"The factors that the court considers to determine whether there has been a custodial interrogation include: the basis for the detention; its length; its location; whether the suspect was transported against his or her will, how far and why; whether restraints were used; whether the law enforcement officer showed, threatened or used force; and the investigative methods employed to confirm or dispel suspicions." Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super.
cited Cited as authority (rule) Com. v. Stillwell, D.
Pa. Super. Ct. · 2020 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998) (citing Commonwealth v. Ellis, … 549 A.2d 1323 ([Pa. Super.] 1988)).
discussed Cited as authority (rule) Com. v. Green, M.
Pa. Super. Ct. · 2019 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998) quoting Commonwealth v. Rosario, 438 Pa. Super. 241 , 652 A.2d 354 , 365–66 (1994) (en banc), appeal denied, 546 Pa. 668 , 685 A.2d 547 (1996) (other citations omitted).
cited Cited as authority (rule) Com. v. Cooper, D.
Pa. Super. Ct. · 2018 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 101 (Pa. Super. 1998).
discussed Cited as authority (rule) Com. v. Platt, L.
Pa. Super. Ct. · 2017 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998) quoting Commonwealth v. Rosario, 438 Pa.Super. 241 , 652 A.2d 354 , 365–66 (1994) (en banc), appeal denied, 546 Pa. 668 , 685 A.2d 547 (1996) (other citations omitted).
discussed Cited as authority (rule) Com. v. Blankenship, V.
Pa. Super. Ct. · 2017 · confidence medium
Additionally, factors to determine whether an individual has been in custody include: “the basis for detention; its length; its location; whether the suspect was transported against his or her will; how far, and why; whether restraints were used; whether the law enforcement officer showed, threatened, or used force; and the investigative methods employed to confirm or dispel suspicions.” Commonwealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999) (citing Commonwealth v. Busch, 713 A.2d 97, 101 (Pa. Super. 1998)).
discussed Cited as authority (rule) Com. v. Lee, J.
Pa. Super. Ct. · 2016 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998) quoting Commonwealth v. Rosario, 438 Pa.Super. 241 , 652 A.2d 354 , 365–66 (1994) (en banc), appeal denied, 546 Pa. 668 , 685 A.2d 547 (1996) (other citations omitted).
discussed Cited as authority (rule) Com. v. Cabrera, S.
Pa. Super. Ct. · 2016 · confidence medium
For the reasons stated below, this claim is meritless. 16 Commonwealth v. Samuel Cabrera "[I]t is well-settled that the police are only required to advise a person of his Miranda rights if that person is subjected to custodial interrogation." Commonwealth v. Busch, 713 A.2d 97, 100 (Pa Super. 1998).
discussed Cited as authority (rule) Com. v. Chac, B.
Pa. Super. Ct. · 2016 · confidence medium
In Commonwealth ·v: Busch, 713 A.2d 97, 100 (Pa. Super. 1998), the court held that '~[i]t is well- settled that the police are .'only required to advise a person of his Miranda rights if that person is subjected to custodial interrogation.'' To « <trigger the safeguards of Miranda, there mu~ be both custody and-interrogation.'''' Commonwealth v. Cruz, 71 A.3d 998, 1003 (Pa.·Super. 2013) (quoting Commonwealth. v. Heggins, 809 A.2d 908, 914 (Pa. Super. 2qo2)): In· Commonwealth . . . v. Baker, 24 A.3d 1006 , ) 019 (Pa. Super. 201 l),: the court e~p_lained 'that "police detentions become custo…
discussed Cited as authority (rule) Com. v. Brown, R.
Pa. Super. Ct. · 2015 · confidence medium
In order to ascertain the defendant’s reasonable belief, the reviewing court must consider the totality of circumstances, including factors such as “the basis for the detention; the duration; the location; whether the suspect was transferred against his will, how far, and why; whether restraints were used; the show, threat, or use of force; and the methods of investigation used to confirm or dispel suspicions.” Commonwealth v. Busch, 713 A.2d 97, 101 (Pa. Super. 1998).
discussed Cited as authority (rule) Commonwealth v. Freeman
Pa. Super. Ct. · 2015 · confidence medium
In order to ascertain the defendant’s reasonable belief, the reviewing court must consider the totality of circumstances, including factors such as “the basis for the detention; the duration; the location; whether the suspect was transferred against his will, how far, and why; whether restraints were used; the show, threat, or use of force; and the methods of investigation used to confirm or dispel suspicions.” Commonwealth v. Busch, 713 A.2d 97, 101 (Pa.Super.1998).
discussed Cited as authority (rule) Com. v. Jacobs, W.
Pa. Super. Ct. · 2015 · confidence medium
The court must consider the totality of circumstances, including factors such as “the basis for the -6- J-A20038-15 detention; the duration; the location; whether the suspect was transferred against his will, how far, and why; whether restraints were used; the show, threat or use of force; and the methods of investigation used to confirm or dispel suspicions.” Commonwealth v. Busch, 713 A.2d 97, 101 (Pa. Super. 1998).
cited Cited as authority (rule) Com. v. Spady, N.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998). 4.
discussed Cited as authority (rule) Commonwealth v. Bartholomew
pactcompllehigh · 2015 · confidence medium
“The standard for determining whether an encounter with the police is deemed ‘custodial’ ... is an objective one based on a totality of the circumstances with due consideration given to the reasonable impression conveyed to the person interrogated.” Commonwealth v. Johnson, 42 A.3d 1017, 1028 (Pa. 2012); Commonwealth v. Busch, 713 A.2d 97, 99 (Pa. Super. 1998).
discussed Cited as authority (rule) Com. v. Flanagan, S.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa. Super. 1998)[,] quoting Commonwealth v. Rosario, 438 Pa.Super. 241 , 652 A.2d 354 , 365–66 (1994) (en banc), appeal denied, -7- J-S13005-15 546 Pa. 668 , 685 A.2d 547 (1996) (other citations omitted).
cited Cited as authority (rule) In re B.T.
Pa. Super. Ct. · 2013 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100-01 (Pa.Super.1998) (citations omitted).
discussed Cited as authority (rule) Commonwealth v. Cruz
Pa. Super. Ct. · 2013 · confidence medium
The court must consider the totality of circumstances, including factors such as “the basis for the detention; the duration; the location; whether the suspect was transferred against his will, how far, and why; whether restraints, were used; the show, threat or use of force; and the methods of investigation used to confirm or dispel suspicions.” Commonwealth v. Busch, 713 A.2d 97, 101 (Pa.Super.1998).
discussed Cited as authority (rule) Commonwealth v. Brantley
pactcompldelawa · 2012 · confidence medium
In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but “the ultimate inquiry is simply whether there was a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” Commonwealth v. Busch, 713 A.2d 97, 99 (Pa. Super. 1998) (citing Stansbury v. California, 511 U.S. 318, 322-323 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (per curiam).
discussed Cited as authority (rule) Commonwealth v. Baker
Pa. Super. Ct. · 2011 · confidence medium
Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) quoting Commonwealth v. Rosario, 438 Pa.Super. 241 , 652 A.2d 354, 365-66 (1994) (en banc), appeal denied, 546 Pa. 668 , 685 A.2d 547 (1996) (other citations omitted).
discussed Cited as authority (rule) Commonwealth v. Gaul
Pa. Super. Ct. · 2005 · confidence medium
A person is subject to custodial interrogation “so as to necessitate Miranda warnings [when],. .he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.” Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) (citations omitted). ¶ 9 After careful review, we conclude appellee was not the subject of a custodial interrogation such as to necessitate a reading of his Miranda rights at the time he made the statement at issue.
discussed Cited as authority (rule) In Re Miller
Pa. Super. Ct. · 2003 · confidence medium
“The formal purpose of the Superior Court is to maintain and effectuate the decisional law of [the Pennsylvania Supreme Court] as faithfully as possible.” Commonwealth v. Dugger, 506 Pa. 537, 545 , 486 A.2d 382, 386 (1985); accord Shearer v. Naftzinger, 714 A.2d 421, 427 (Pa.Super.1998); Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998); Commonwealth v. Brown, 447 Pa.Super. 454 , 669 A.2d 984, 988 (1995) (en banc). ¶ 17 Based upon the teachings of our State Supreme Court the exercise of discretion to deny a change of name runs *1214 contrary to the common law and statutory policy in…
discussed Cited as authority (rule) Commonwealth v. Bess
Pa. Super. Ct. · 2002 · confidence medium
In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but “the ultimate inquiry is simply whether there [was] a 'formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” Commonwealth v. Busch, 713 A.2d 97, 99 (Pa.Super.1998) *763 (citing Stansbury v. California, 511 U.S. 318, 322-323 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (per curiam) (other citations omitted)).
discussed Cited as authority (rule) In Re VH (2×)
Pa. Super. Ct. · 2001 · confidence medium
As a result, we concluded that the defendant was not entitled to Miranda warnings: `Although the "focus" of an investigation may indeed have been on Beckwith at the time of the interview ..., he hardly found himself in the custodial situation described by the Miranda Court as the basis for its holding.' Accord Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) (Pennsylvania law is in harmony with Beckwith ). ¶ 9 Accordingly, we need to ascertain whether the appellee was "in custody" so as to activate his right to Miranda warnings during the July 9, 2000, interview.
discussed Cited as authority (rule) In the Interest of V. H. (2×)
Pa. Super. Ct. · 2001 · confidence medium
As a result, we concluded that the defendant was not entitled to Miranda warnings: ‘Although the “focus” of an investigation may indeed have been on Beckwith at the time of the interview ..., he hardly found himself in the custodial situation described by the Miranda Court as the basis for its holding.’ Accord Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) (Pennsylvania law is in harmony with Beckwith). ¶ 9 Accordingly, we need to ascertain whether the appellee was “in custody” so as to activate his right to Miranda warnings during the July 9, 2000, interview.
cited Cited as authority (rule) Commonwealth v. DiStefano
Pa. Super. Ct. · 2001 · confidence medium
Common *580 wealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) (citing Commonwealth v. Ellis, 379 Pa.Super. 337 , 549 A.2d 1323 (1988)).
discussed Cited as authority (rule) Commonwealth v. Jones
Pa. Super. Ct. · 2000 · confidence medium
In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but “the ultimate inquiry is simply whether there [was] a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” Commonwealth v. Busch, 713 A.2d 97, 99 (Pa.Super.1998) (citing Stansbury v. California, 511 U.S. 318, 322-323 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (per curiam) (other citations omitted)).
discussed Cited as authority (rule) Commonwealth v. Watkins
Pa. Super. Ct. · 2000 · confidence medium
The *313 following factors are used to determine, under the totality of circumstances, whether a detention has become so coercive as to constitute the functional equivalent of arrest: “the basis for the detention; its length; its location; whether the suspect was transported against his or her will, how far, and why; whether restraints were used; whether the law enforcement officer showed, threatened or used force; and the investigative methods employed to confirm or dispel suspicions.” Id. (citing Commonwealth v. Busch, 713 A.2d 97, 101 (Pa.Super.1998)). ¶ 9 First and foremost, the prese…
discussed Cited as authority (rule) Commonwealth v. Smith
Pa. Super. Ct. · 1999 · confidence medium
Commonwealth v. Prosek, 700 A.2d 1305, 1308 (Pa.Super.1997). ¶ 23 “In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but ‘the ultimate inquiry is simply whether there [was] a ‘formal arrest or restraint on freedom of movement’ of the degree associated' with a formal arrest.’ ” Commonwealth v. Busch, 713 A.2d 97, 99 (Pa.Super.1998) (citing Stansbury v. California, 511 U.S. 318, 322-323 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (per curiam) (other citations omitted)).
examined Cited as authority (rule) Commonwealth v. Mannion (6×) also: Cited "see"
Pa. Super. Ct. · 1999 · confidence medium
Id. ¶ 16 The appropriate test for determining whether a situation involves custodial interrogation is as follows: The test for determining whether a suspect is being subjected to custodial interrogation' so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation. ■ Commonwealth v. Busch, 713 A.2d 97, 100 (Pa.Super.1998) quoting Commonwealth v. Rosario, 438 Pa.Super. 241 , 652 A.2d 354, 365-66 (1994) (era …
cited Cited "see" Com. v. Binkley, Z.
Pa. Super. Ct. · 2015 · signal: see · confidence high
See generally Commonwealth v. Busch, 713 A.2d 97 (Pa.Super. 1998).
cited Cited "see" Com. v. Lites, D.
Pa. Super. Ct. · 2014 · signal: see · confidence high
See Commo!ll'lealth v, Busch, 713 A.2d 97 (Pa. Super. 1998) citfng Commonwealth v, Peters, 642 A.2d 1126, 1130 (1994).
discussed Cited "see" In Re KQM
Pa. Super. Ct. · 2005 · signal: see · confidence high
See Commonwealth v. Busch, 713 A.2d 97 (Pa.Super.1998). ¶ 10 Herein, the trial court concluded that Appellant was not in custody at the time he offered the incriminating statement, supplying the following reasoning in support of its decision: Based upon the evidence, I found that there was no custodial interrogation.
discussed Cited "see" In re K.Q.M.
Pa. Super. Ct. · 2005 · signal: see · confidence high
See Commonwealth v. Busch, 713 A.2d 97 (Pa.Super.1998). ¶ 10 Herein, the trial court concluded that Appellant was not in custody at the time he offered the incriminating statement, supplying the following reasoning in support of its decision: Based upon the evidence, I found that there was no custodial interrogation.
discussed Cited "see, e.g." Duddles v. State
Fla. Dist. Ct. App. · 2003 · signal: see also · confidence medium
See Patterson v. State, 659 So.2d 1014 (Ala. Crim.App.1995) (the fact that the interrogation occurred inside the accused's house is a factor tending to indicate that the interview was noncustodial); see also Com. v. Busch, 713 A.2d 97, 101 (Pa.Super.Ct.1998)(defendant was not in custody where the defendant invited two police officers into his home, the three sat in the living room, the defendant was not reluctant to answer questions, and there was no claim that he was intimidated by the police); U.S.A. ex rel.
discussed Cited "see, e.g." Commonwealth v. Turner (2×)
Pa. Super. Ct. · 2001 · signal: see also · confidence medium
The Commonwealth thus urges us to conclude that when a suspect is placed in a police vehicle for his or her own safety, the suspect is not "in custody." "A policeman's unarticulated plan has no bearing on the question whether a suspect was `in custody' at a particular time; the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation." Berkemer, 468 U.S. at 442 , 104 S.Ct. 3138 ; see also, Commonwealth v. Busch, 713 A.2d 97, 102 (Pa.Super. 1998) ( en banc ) ("an officer's knowledge or beliefs may bear upon the custody issue if they are conveye…
COMMONWEALTH of Pennsylvania, Appellant
v.
Mark William BUSCH
1877.
Superior Court of Pennsylvania.
Apr 28, 1998.
713 A.2d 97
Michael Streily, Deputy Dist. Atty., Pittsburgh, for the Com., William 0. Schmalzried, Pittsburgh, for ap-pellee.
Sole, Elliott, Cercone.
Cited by 44 opinions  |  Published
FORD ELLIOTT, Judge:

The sole issue presented in this appeal is whether the suppression court erred when it granted appellee’s motion to suppress. Finding an error of law, we reverse.

Initially, we note that when reviewing the Commonwealth’s appeal from the decision of the suppression court, ‘we must consider only the evidence of the ... [defendant’s] witnesses and so much of the evidence for the prosecution as read in the context of the record as a whole remains uncontradicted.’ “When the evidence supports the suppression court’s findings of fact, we may reverse only when the legal conclusions drawn from those facts are erroneous.’

Commonwealth v. Prosek, 700 A.2d 1305, 1307 (Pa.Super.1997) (citations omitted). The suppression court’s factual findings, which are supported by the record, follow:

Detective David Leffler, of the Allegheny County Police Department, testified that he was investigating the theft of gemstones from a Mr. Mira’s [1] vehicle. The Defendant, Mark William Busch, according to the Detective was not only an employee of the victim, Mr. Mira, but also had been with the victim and left the business just a short time prior to the theft taking place. Therefore, the Detective felt that Mr. Busch was ‘someone that needed to be spoken to in this investigation.’ (ST p. 7) [2] The Detective stated that he got the Defendant’s address and went to his residence on April 18, 1995. Upon arriving at the Defendant’s residence the Detective stated that he informed the Defendant that ‘we would like to speak to you about the theft’, and that the Defendant did invite the Detectives to enter his residence. (ST p. 9) Detective Leffler stated ... that the questioning lasted approximately one half hour. Detective Leffler testified that the Defendant was also questioned on a second occassion [sic] that being October 18, 1995, the same date that a grand jury subpoena was being served on the Defendant. (ST p. 11). The Defendant was questioned at his home again on this instance. The Detective stated that this questioning of the Defendant was also unannounced and that the Defendant again allowed the Detectives into his home. During the questioning the Detectives showed the Defendant passages of letters in which Frank Tamburro offered testimony against his Co-Defendants and also passages in which the Defendnat’s [sic] name is mentioned. The Detectives were aware of Mr. Busch’s name being mentioned in the letters prior to the second questioning of the Defendant. (ST p. 11-15). Detective Leffler, testified that the investigation began on March 14,1995, and that the Defendant’s picture was used in a photo array, while interviewing witnesses from Rogers Hardware Store. On March 15, 1995, Detective Leffler also stated that the victim, Mr. Mira, was interviewed on March 16, 1995. The Detective relayed that the victim thought that the Defendant’s behavior was ‘out of the ordinary the day in question.’ Also the Detective was told by the victim that he believed the Defendant was possibly involved with pilfering certain shipments. (ST p. 18-20)[*99] The Detective testified that the Defendant was a suspect and that ‘he was one person we thought might be involved,’ and that is why the Defendant was in the photo array. (ST p. 21-22) Detective Leffler stated that the investigation had been ongoing for a month prior to the first time the Defendant was questioned and that Defendant was the focus of the investigation. (ST p. 23) The Detective could not recollect the first time the Defendant’s name came up and could not reconcile the discrepancy between the date of the photo array in which the Defendant’s picture appeared in [sic] and the first date the Defendant’s name came up, which supposedly was after the photo array. (ST p. 25-26) Detective Leffler stated that during the second round of questioning the Defendant was asked incriminating questions and was not mirandized, and eventually asked the Detectives to leave his home[.] (ST p. 31-31)

Suppression court opinion, 5/30/97 at 2-4. Following a grand jury investigation, appel-lee was charged with one count of criminal conspiracy. [3]

Based on the facts set forth above, the suppression court found that “once the Defendant became a suspect in the case and the focus of the case, the Detectives should have given the Defendant his Miranda [4] warning.” (Id. at 6.) We find that the suppression court erred in its legal conclusion that appellee was entitled to Miranda warnings when he was interrogated merely because he was a suspect in the case and/or a focus of the investigation. (Suppression court opinion, 5/30/97 at 6.) Our reasons follow.

The U.S. Supreme Court recently reviewed its position on the issue before us visa-vis the U.S. Constitution:

We held in Miranda that a person questioned by law enforcement officers after being ‘taken into custody or otherwise deprived of his freedom of action in any significant way must first ‘be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.’ ... An officer’s obligation to administer Miranda warnings attaches, however, ‘only where there has been such a restriction on a person’s freedom as to render him ‘in custody/ In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but ‘the ultimate inquiry is simply whether there [was] a “formal arrest or restraint on freedom of movement” of the degree associated with a formal arrest.’
Our decisions make clear that the initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned. In Beckwith v. United States, 425 U.S. 341, 96 S.Ct. 1612, 48 L.Ed.2d 1 (1976), for example, the defendant, without being advised of his Miranda rights, made incriminating statements to Government agents during an interview in a private home. He later asked that Miranda ‘be extended to cover interrogation in non-custodial circumstances after a police investigation has focused on the suspect.’ 425 U.S., at 345, 96 S.Ct., at 1615[ ]. We found his argument unpersuasive, explaining that it “was the compulsive aspect of custodial interrogation, and not the strength or content of the government’s suspicions at the time the questioning was conducted, which led the Court to impose the Miranda requirements with regard to custodial questioning.’ Id ., at 346-347, 96 S.Ct., at 1616[ ]. As a result, we concluded that the defendant was not entitled to Miranda warnings: ‘Although the “focus” of an investigation may indeed have been on Beckwith at the time of the interview ..., he hardly found himself in the custodial situation described by the Miranda Court as the basis for its holding.’

Stansbury v. California, 511 U.S. 318, 322-323, 114 S.Ct. 1526, 1528-1529, 128 L.Ed.2d 293 (1994) (per curiam) (other citations omit[*100] ted). The Stansbury court then listed its numerous decisions reaffirming the conclusion it reached in Beckwith, swpra. Stansbury v. California, 511 U.S. at 823-324, 114 S.Ct. at 1529-1530, citing Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984); Oregon v. Mathiason, 429 U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); California v. Beheler, 463 U.S. 1121, 103 S.Ct. 3517, 77 L.Ed.2d 1275 (1983); Minnesota v. Murphy, 465 U.S. 420, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984).

Shortly after the Supreme Court announced its decision in Beckwith, supra, the Pennsylvania Supreme Court re-evaluated its position on the issue before us in Commonwealth v. McLaughlin, 475 Pa. 97, 379 A.2d 1056 (1977). The McLaughlin court first recognized that prior Pennsylvania cases might be interpreted as requiring Miranda warnings disjunctively; either when a suspect is taken into custody or when he becomes the focus of the investigation. Commonwealth v. McLaughlin, supra at 101-103, 379 A.2d at 1058. The McLaughlin court rejected this interpretation, however, observing that in each of the earlier cases “there was also present a degree of ‘deprivation of liberty [5] which the Beckwith court found Miranda to require.” Id. Thus, the McLaughlin court found Pennsylvania law to be in harmony with Beckwith. Id. Accord Commonwealth v. Holcomb, 508 Pa. 425, 498 A.2d 833 (1985) (plurality), cert. denied, 475 U.S. 1150, 106 S.Ct. 1804, 90 L.Ed.2d 349 (1986). Recently, an en banc panel of this court reaffirmed the McLaughlin court’s analysis when it noted that “The fact that a defendant was the focus of the investigation is ... a relevant factor in determining whether he was ‘in custody, [5] but does not require, per se, Miranda warnings.” Commonwealth v. Peters, 434 Pa.Super. 268, 275-276, 642 A.2d 1126, 1130 (1994) (en banc), allocatur denied, 538 Pa. 668, 649 A.2d 670 (1994).

Appellee recognizes that Pennsylvania law does not support the trial court’s conclusion; therefore, he asks us to “revisit” the issue. (Appellee’s brief at 9.) We must, however, decline appellee’s invitation to rewrite the law of Pennsylvania. See Dominick v. Statesman Ins. Co., 692 A.2d 188, 192 (Pa.Super.1997), appeal denied, No. 1998 Pa. Lexis 466, -— Pa.-, — A.2d (Pa. March 18, 1998) (noting that because “this Court’s formal purpose is to maintain and effectuate the decisional law of our supreme court as faithfully as possible, we are not authorized to create or adopt a new stan-dardly ]”), citing Commonwealth v. Dugger, 506 Pa. 537, 545, 486 A.2d 382, 386 (1985).

As a result, we turn to the pivotal issue before us; namely, whether appellee was “in custody” so as to trigger his right to Miranda warnings when he was interrogated on April 18, 1995, and again on October 18, 1995.

It is well-settled that the police are only required to advise a person of his Miranda rights if that person is subjected to custodial interrogation.
The test for determining whether a suspect is being subjected to custodial interrogation so as to necessitate Miranda warnings is whether he is physically deprived of his freedom in any significant way or is placed in a situation in which he reasonably believes that his freedom of action or movement is restricted by such interrogation.

Commonwealth v. Rosario, 438 Pa.Super. 241, 264, 652 A.2d 354, 365-366 (1994) (en banc), appeal denied, 546 Pa. 668, 685 A.2d 547 (1996), quoting Commonwealth v. Foster, 425 Pa.Super. 61, 67, 624 A.2d 144, 147 (1993) (other citations omitted). Accord Commonwealth v. Ellis, 700 A.2d 948, 954 (Pa.Super.1997). In Commonwealth v. Ellis, 379 Pa.Super. 337, 549 A.2d 1323 (1988), appeal denied, 522 Pa. 601, 562 A.2d 824 (1989), this court noted, “Indeed, police detentions only become ‘custodial’ when under the totality of circumstances the conditions and/or duration of the detention become so coercive as to constitute the functional equivalent of formal arrest.” Id. at 356, 549 A.2d at 1332, citing California v. Beheler, 463 U.S. 1121, 1125, 103 S.Ct. 3517, 3520, 77 L.Ed.2d 1275 (1983) (other citations omitted). [5]

[*101] Among the factors the court utilizes in determining, under the totality of the circumstances, whether the detention became so coercive as to constitute the functional equivalent of a formal arrest are: the basis for the detention; the duration; the location; whether the suspect was transferred against his will, how far, and why; whether restraints were used; the show, threat or use of force; and the methods of investigation used to confirm or dispel suspicions.

Commonwealth v. Peters, supra at 275, 642 A.2d at 1130 (citations omitted).

As noted supra, appellee was interrogated in his home on two separate occasions, approximately six months apart. Appellee invited the two police officers who came to the door into his home, where the three sat in the living room. Detective Leffter testified that he took notes while Detective Matthews, who was seated on the sofa with appellee, asked most of the questions. (R.R. at 18a.) The first interview lasted approximately one-half hour, while the second was somewhat shorter. (R.R. at 19a, 25a.) Appellee does not claim that his statements were involuntary. Furthermore, the uncontroverted testimony of Detective Leffler indicates that while appellee appeared somewhat guarded, he evinced no reluctance to answer the officers’ questions. (R.R. at 19a.) Nor does appellee claim that he felt intimidated by the police, or that his freedom was restricted. To the contrary, Detective Leffler’s unchallenged testimony indicates that appellee asked the two police officers to leave during the second interview, and that they complied. (R.R. at 25a.)

Instead of claiming that he was subjected to a “custodial” interrogation, appellee merely points out that this court has found in-home interrogation to be “custodial” in two instances. (Appellee’s brief at 5-7, citing Commonwealth v. Dewar, 449 Pa.Super. 517, 674 A.2d 714 (1996), appeal denied, 545 Pa. 649, 680 A.2d 1159 (1996), and Commonwealth v. Zogby, 455 Pa.Super. 621, 689 A.2d 280 (1997), appeal denied, 548 Pa. 658, 698 A.2d 67 (1997).) Both of those cases are, however, distinguishable.

In Commonwealth v. Dewar, the police went to the home of a doctor who was suspected of sexually molesting his patients, and asked him some questions. “The only evidence of record concerning the statements made by [Dewar] to the police” was the testimony of one of the police officers who questioned Dewar. Commonwealth v. Dewar, supra at 521, 674 A.2d at 716-717. This testimony indicated what Dewar had said before he was arrested, as well as the fact the officer had given Dewar his Miranda rights, but had not had him sign a form because the officer did not have one with him. Id. at 521-523, 674 A.2d at 717. As the Dewar court observed:

[G]iven the scant facts above, we are constrained to conclude that [Dewar] was in ‘custody1 when questioned. While we note that [Dewar] was questioned in his own home before he was arrested, [Dewar] was also the focus of the investigation and questioned in the presence of two police officers. No evidence was offered as to the length of detention or whether appellee’s freedom of movement was restricted. Under the circumstances, given the evidence presented, we cannot find that the trial court erred in concluding that appellee was in ‘custody’ during the police interrogation.

Id. (emphasis added).

Comparing the facts of Dewar with the facts in our case, we note that the police in Dewar read Dewar his Miranda rights before questioning him, thus indicating that the police believed Dewar was in custody. As the Supreme Court stated in Stansbury, supra:

[*102] An officer’s knowledge or beliefs may bear upon the custody issue if they are conveyed, by word or deed, to the individual being questioned. Those beliefs are relevant only to the extent they would affect how a reasonable person in the position of the individual being questioned would gauge the breadth of his or her “ ‘freedom of action.’ ”

Stansbury v. California, 511 U.S. at 325, 114 5.Ct. at 1530 (citations omitted). A reasonable person who is read his Miranda rights might well conclude that he is not free to leave, but is, in fact, under arrest. With no other evidence in the record to indicate Dewar believed otherwise, the suppression court in Dewar had little choice but to conclude that Dewar was in custody. “When a defendant files a motion to suppress, the burden is on the Commonwealth to prove,' by a preponderance of the evidence, that the challenged evidence is admissible.” Commonwealth v. Blasioli, 454 Pa.Super. 207, 215, 685 A.2d 151, 155 (1996), appeal granted in part on other grounds, 548 Pa. 36, 693 A.2d 584 (1997), citing Pa.R.Crim.P. 323 (other citations omitted). In Dewar, the Commonwealth simply failed to meet this burden. By contrast, in our case, the Commonwealth presented evidence that appellee invited the police officers into his home where he was questioned in the living room for one-half hour or less, that he felt comfortable asking the officers to leave, and that they complied.

In Commonwealth v. Zogby, swpra, the other case relied upon by appellee, this court found that Zogby was the subject of a custodial interrogation when the police, who were investigating a hit-and-run accident, came into his bedroom at 4:00 a.m. after being admitted by his roommate, awakened Zogby from a sound sleep by shaking his leg and pulling off his covers, and advised him to come outside to answer some questions about damage to the side of his car. Commonwealth v. Zogby, supra at 621-623, 689 A.2d at 281. Zogby was not told he could decline the officer’s invitation; in fact, the officer testified that he would have persisted in attempting to gain Zogby’s cooperation until he complied. Id. at 625-626, 689 A2d at 283. Clearly, nothing in our ease indicates the coercion present in Zogby. See also Commonwealth v. Ellis, 700 A.2d at 955 (Ellis, who was a suspect in an armed robbery and who was being treated at a hospital for gunshot wounds received during the robbery, was not in custody when he was interrogated by a police officer while in the hospital, where Ellis agreed to answer questions but did not want to talk in his room, where the police officer and Ellis, with the assistance of a nurse, moved to a lounge area; and where the officer made no threats or promises nor any effort to restrain Ellis, who was still medicated from surgery); Commonwealth v. Jones, 546 Pa. 161, 175-177, 683 A2d 1181, 1188 (1996) (Jones was not in custody for purposes of Miranda when he made statements while barricaded inside his house, which was surrounded by police, who had contacted him by telephone).

The trial court’s findings of fact do not support a conclusion that appellee was “in custody” when the police interviewed him in his home on two separate occasions. [6] Additionally, the trial court erred when it concluded that appellee was entitled to Miranda warnings merely because he was the focus of the investigation. As a result, we must find that the trial court erred when it suppressed appellee’s statements.

The suppression order is vacated. Case is remanded for trial. Jurisdiction is relinquished.

[1]

1. The Presentment of the January, 1995, Allegheny County Investigating grand Jury refers to the victim as Remesh Mehra.

[2]

2. The suppression court’s use of “ST" refers to notes of testimony from the suppression hearing held September 24, 1996.

[4]

4. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

5

. A panel of this court in Commonwealth v. Zogby, 455 Pa.Super. 621, 689 A.2d 280 (1997), discussed infra, opined that the standard just set forth, and reiterated by the Supreme Court in[*101] Stansbury v. California, supra appears "somewhat more stringent than the standard recited above as applicable in the Commonwealth of Pennsylvania.” Commonwealth v. Zogby, supra at 624 n. 2, 689 A.2d at 282 n. 2. According to the Zogby panel, "The Pennsylvania test does not qualify the restriction of freedom to be to a degree generally associated with a formal ar-rest_” Id. We are not bound by this dictum in Zogby, and in any case, it does not appear to be consistent with Pennsylvania law as set forth above. See also Commonwealth v. Peters, supra at 275-276, 642 A.2d at 1130 (noting the factors a court uses to determine whether a detention has become so coercive as to constitute the functional equivalent of a formal arrest).

6

. Unlike the trial court in Dewar, supra, the trial court instantly did not find that appellee was in custody because the court did not reach that issue. See Commonwealth v. Dewar, supra at 523 n. 5, 674 A.2d at 717 n. 5 (noting that the trial court implicitly decided that appellee was subjected to a custodial interrogation based on the Commonwealth’s failure to prove appellee's waiver and understanding of his Miranda rights).