Wednesday, July 05, 2017

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:


Post a Comment

<< Home