Does a search warrant need to be issued pursuant to a warrant issued by a detached and neutral magistrate?

7 While a warrant was not needed in this case, we are not unmindful of the constitutional preference that searches be made pursuant to warrants issued by detached and neutral magistrates. See United States v. Cadena, mod. on rehearing, 588 F.2d 100 (5th Cir. 1979).

8 The determination of when a custodial arrest exists rests entirely on the facts of each case. The government, of course, can not avoid the Miranda requirement simply by not formally arresting a person. Here, no improper action was taken by the government. See United States v. Warren, 578 F.2d 1058, 1071 (5th Cir. 1978) for some factors courts often use to determine the custodial nature of a detention.

9 Since we have held the evidence to have been sufficient, we need not finally decide whether actual knowledge of the true destination is a required element for the convictions. But see United States v. Conroy, 589 F.2d 1258 (5th Cir. 1979) where it was stated: