Skip to main content

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.
Copied to clipboard