United States First Circuit

Conviction of unlawful possession of child pornography under 18 U.S.C. sections 2252A(a)(5)(B) and 2256(8)(A) is reversed where the questioning of defendant at the house without warning of rights violated Miranda. Case is remanded for further consideration of the sufficiency of any curative action in support of the subsequent Miranda warnings, as required by Missouri v. Seibert, 542 U.S. 600 (2004).

Appellate Information

• Decided 10/04/2011
• Published 10/04/2011

Judges

• SOUTER

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert C. Andrews, Margaret D. McGaughey