United States Ninth Circuit

The district court's denial of defendant's motion to suppress her post-arrest statements is affirmed, where: 1) a Border Patrol agent's reading of an I-214 Form, which is normally attendant to arrest and custody, did not constitute a re-initiation of interrogation in violation of Miranda v. Arizona, where the agent made no effort to question the defendant or secure a waiver of her rights; and 2) the combination of circumstances of re-advising the defendant of her Miranda rights, processing drugs seized from her vehicle in her presence, and taking her photograph standing behind the seized drugs, did not constitute the "functional equivalent" of interrogation. (Amended Opinion)

Appellate Information

• Decided 07/15/2013
• Published 07/15/2013

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel