United States Eighth Circuit

When a defendant moves to suppress a post-Miranda warning statement that he contends was given as part of a question-first interrogation, the prosecution must prove, by a preponderance of the evidence, that the officer's failure to provide warnings at the outset of questioning was not part of a deliberate attempt to circumvent Miranda.

Appellate Information

• Decided 03/31/2006
• Published 03/31/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Colin J. Witt, argued, Des Moines, Iowa, for appellant.


• For Appellees:
  
• Clifford D. Wendel, argued, Asst. U.S. Attorney, Des Moines, Iowa, for appellee.