United States Second Circuit

In a prosecution for mail theft, the district court's order suppressing inculpatory statements made by defendant while in custody is affirmed where the initial interrogation conducted by an investigator aware of the obvious need for a Miranda warning, followed 90 minutes later by a second, post-Miranda interrogation by the same investigator, on the same subject matter, under similar circumstances and with no explicit curative language amounted to a deliberate, two-step interrogation technique designed to undermine the defendant's Miranda rights.

Appellate Information

• Decided 12/01/2010
• Published 12/01/2010

Judges

• Peter W. Hall

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anna E. Arreola, Jerrold L. Steigman