United States Ninth Circuit
Saleh v. Fleming, 04-35509
Incarceration does not ipso facto render an interrogation custodial, and the need for a Miranda warning to a person in custody for an unrelated matter is only triggered by "some restriction on his freedom of action in connection with the interrogation itself."
Appellate Information
- Argued 03/05/2007
- Decided 01/03/2008
- Published 01/03/2008
Judges
- Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Corey Endo, Research and Writing Attorney, Federal Public Defender, Seattle, WA, argued the cause and was on the briefs for the petitioner-appellant. Thomas W. Hillier, II, Federal Public Defender, was on the briefs.
- For Appellees:
- Ronda D. Larson, Assistant Attorney General, Seattle, WA, argued the cause for the respondent-appellee and was on the brief. Rob McKenna, Attorney General, State of Washington, was on the brief.