United States Eighth Circuit

A conviction for possession of a firearm by a controlled substance user is affirmed over a claim that the district court erred in denying a motion to suppress an incriminating post-arrest statement that followed a previous custodial statement made without the prior warnings mandated by Miranda. Contrary to defendant's argument, the case is governed by Oregon v. Elstad, 470 U.S. 298 (1985), rather than Missouri v. Seibert, 542 U.S. 600 (2004).

Appellate Information

• Decided 03/13/2008
• Published 03/13/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Martin Davis, Omaha, NE, for appellant.


• For Appellees:
  
• Steven A. Russell, Assistant U.S. Attorney, Lincoln, NE, for appellee.