US v. Zapien, No. 14-10224
(7-3-17)(Per curiam w/ McKeown, Friedland, and Boulware). The 9th affirmed a
denial of Miranda suppression
motion. The defendant was arrested on
drug trafficking charges. Accused of
being a "drug dealer," the defendant invoked his Miranda rights. The agent
then asked him some biographical booking questions. The defendant then reinitiated conversation
and gave a statement. In affirming the
denial, the 9th found that the Miranda
invocation was honored, and that subsequent question related to booking. The questions came from DEA Form 202 and
concerned emergency contact and to process the defendant. The questions were not designed to elicit
incriminating responses or to be an interrogation.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/03/14-10224.pdf
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