1. US v. Williams, No. 15-10475
(12-5-16)(Hurwitz w/Rawlinson; dissent by Kleinfeld). The 9th affirmed suppression of a statement
given after Miranda rights were
invoked. The defendant was arrested for
murder and invoked. Hours later, during
booking, he was asked if he was a "member of a gang." The prosecution wants to use this statement
to show that the defendant belonged to a criminal enterprise for the RICO
offense. The 9th found that the
"booking exception" (for biographical questions) is subject to the
qualification that if the officer knows that the routine questions may
incriminate the defendant, than the queries amount to interrogation. So it is here. The questions exposed the defendant to
greater risk due to federal prosecution and to state murder charges. The knowledge for the booking exception is
objective; here, the officer should have known.
The public safety exception also does not apply under these circumstances. Kleinfeld, dissenting, argues that both
exceptions apply.
The decision is here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2016/12/05/15-10475.pdf
2. US v. Mohamud, No. 14-30217
(12-5-16)(Owens w/Pregerson and Bea). The 9th affirmed defendant's conviction
for attempting to detonate an explosive during a holiday celebration in
downtown Portland. The 9th rejected the
defendant's argument that there was entrapment as a matter of law and there was
not outrageous government misconduct, despite the government's aggressive
conduct. The 9th also held that the
defendant's 4th amendment rights were not violated in the incidental collection
of emails through the targeting of foreign nationals. The search was reasonable under the 4th. There were FISL protections. After all, the government had a compelling interest
in national security.
The decision is here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2016/12/05/14-30217.pdf
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