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2. My Skydrive is windows 10.W/e Free Download For Windows Xp And Amp Windows7 Full Version. find this case more troubling than Johnson, however, because of the coercive nature of the questioning." Id. Finally, our dissenting colleague believes that the good faith exception has no application because the officers "did not have a reasonable suspicion that the defendant had committed a crime when they first confronted him." Dissent at 346. We have never suggested that the exception does not apply when the officers do not have a reasonable suspicion that criminal activity is afoot. To the contrary, and contrary to the assertion of our dissenting colleague, whether the officers have a reasonable suspicion or an articulable suspicion of criminal activity is irrelevant; and whether the individual was "under arrest" is irrelevant as well. What is relevant is whether the individual was interrogated in a custodial setting. 37 The issue for us is not the existence vel non of a reasonable suspicion. Rather, the issue is whether Dixon was interrogated in a custodial setting when he was questioned about the contents of the locked safe. The district court found that no such questioning took place. We review that determination for clear error. See Ornelas, 496 U.S. at, ----, 110 S.Ct. at 1656; Hyland, 661 F.2d at 1167. The defendant has the burden of proving by a preponderance of the evidence that the questioning took place in a custodial setting. See, e.g., United States v. Gordon, 987 F.2d 902, 905 (2d Cir.1993) (burden of proof on defendant at suppression hearing), cert. denied, --- U.S. ----, 114 S.Ct. 201, 126 L.Ed.2d 155 (1993); United States v. Matlock, 415 U.S. at 171-72 & n. 7, 94 S.Ct. at 993 & n. 7. 38 The district court may have been mistaken as to the facts, but Dixon has not pointed to any flaw in the district court's reasoning. He does not claim, for example, that the district court's factual findings were clearly erroneous. Rather, he claims that because the district court 3e33713323