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U.S. v. Williams, No. 15-10475 (9th Cir.) (842 F.3d 1143) (December 5, 2016) (Judge Andrew D. Hurwitz)

Article • January 23, 2017 • from P&J January, 2017

Filed under: Punch And Jurists, Booking Questions Exception

U.S. v. Williams, No. 15-10475 (9th Cir.) (842 F.3d 1143) (December 5, 2016) (Judge Andrew D. Hurwitz) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-Questions about appellant's gang affiliation were reasonably likely to elicit an incriminating response, even if the federal RICO charges had not yet been filed, because when the deputy …

U.S. v. Murphy, No. 11-2978-cr (2nd Cir.) (703 F.3d 182) (December 4, 2012) (Judge Raymond J. Jr. Lohier)

Article • December 1, 2012

Filed under: Punch And Jurists, In Custody

U.S. v. Murphy, No. 11-2978-cr (2nd Cir.) (703 F.3d 182) (December 4, 2012) (Judge Raymond J. Jr. Lohier) by In government's appeal from district court's order suppressing both the physical evidence seized during the car search and the defendants' post-arrest statements, the order is affirmed, where: 1) the district court's …

U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann)

Article • December 1, 2012

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann) by In appeal from conviction of possessing a firearm after having been convicted of a felony, the judgment is affirmed, where: 1) notwithstanding the fact that officers interrogated defendant an hour or more …

U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker)

Article • December 1, 2012

Filed under: Punch And Jurists, Miranda

U.S. v. Williams, No. 11-324-cr (2nd Cir.) (681 F.3d 35) (May 17, 2012) (Judge Barrington D. Jr. Parker) by In a case in which a government agent questioned the defendant in an apartment where he was arrested without first issuing Miranda warnings, and two hours later the defendant confessed at …

U.S. v. Corey, No. 12-20184-CR (S.D.Fla.) (861 F.Supp.2d 1341) (May 16, 2012) (Judge Federico A. Moreno)

Article • November 26, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Booking-Question Exception

U.S. v. Corey, No. 12-20184-CR (S.D.Fla.) (861 F.Supp.2d 1341) (May 16, 2012) (Judge Federico A. Moreno) by In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court announced its landmark analytical approach to the Self-Incrimination Clause of the Fifth Amendment in cases involving custodial interrogations. After noting that the …

Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito)

Article • March 5, 2012 • from P&J March, 2012

Filed under: Punch And Jurists, Custodial Interrogations

Howes v. Fields, No. 10-680 (U.S. Supreme Court) (565 U.S. 499; 132 S.Ct. 1181) (February 21, 2012) (Justice Alito) by Here a divided Court held that the prisoner was not entitled to receive any Miranda warnings in advance of a lengthy and coercive prison interrogation on the grounds that imprisonment …

U.S. v. Plugh, No. 10-2815-cr (2nd Cir.) (648 F.3d 118) (August 8, 2011) (Judge Debra Ann Livingston)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations

U.S. v. Plugh, No. 10-2815-cr (2nd Cir.) (648 F.3d 118) (August 8, 2011) (Judge Debra Ann Livingston) by In a Miranda dispute concerning an order of the district court suppressing certain custodial statements by the defendant and the subsequent appellate sanction of the order, judgments of the district and appeals …

U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker)

Article • December 1, 2011

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker) by Conviction and sentencing of defendant for being a felon in possession of a firearm are upheld because the public safety exception to Miranda supported initial questioning of defendant, but vacated where …

U.S. v. FNU LNU, No. 10-419-cr (2nd Cir.) (653 F.3d 144) (August 9, 2011) (Judge Guido Calabresi)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations

U.S. v. FNU LNU, No. 10-419-cr (2nd Cir.) (653 F.3d 144) (August 9, 2011) (Judge Guido Calabresi) by Conviction and sentencing of defendant for making a false statement in a passport application, misusing a passport, and aggravated identity theft, all arising from an inspection by a USCIS officer at JFK, …

U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter)

Article • October 17, 2011 • from P&J October, 2011

Filed under: Punch And Jurists, Custodial Interrogations

U.S. v. Rogers, No. 09-2405 (1st Cir.) (659 F.3d 74) (October 4, 2011) (Justice Souter) by In this case, a panel from the First Circuit addressed two separate Miranda issues (see, Miranda v. Arizona, 384 U.S. 436 (1966)) - one relating to custodial interrogations, and the other relating the sufficiency …

U.S. v. Capers, No. 07-1830-cr (2nd Cir.) (627 F.3d 470) (December 1, 2010) (Judge Peter W. Hall)

Article • December 1, 2010

Filed under: Punch And Jurists, Miranda

U.S. v. Capers, No. 07-1830-cr (2nd Cir.) (627 F.3d 470) (December 1, 2010) (Judge Peter W. Hall) by In a prosecution for mail theft, the district court's order suppressing inculpatory statements made by defendant while in custody is affirmed where the initial interrogation conducted by an investigator aware of the …

Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy)

Article • June 14, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Unequivocal Invocation of Right

Berghuis v. Thompkins, No. 08-1470 (U.S. Supreme Court) (560 U.S. 370; 130 S.Ct. 2250) (June 1, 2010) (Justice Kennedy) by In its landmark decision in Miranda v. Arizona, 384 U.S. 496 (1966), the Supreme Court recognized that a suspect in police custody can be worn down by prolonged questioning and …

Maryland v. Shatzer, No. 08-680 (U.S. Supreme Court) (559 U.S. 98; 130 S.Ct. 1213) (February 24, 2010) (Justice Scalia)

Article • March 8, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Edwards v. Arizona Rule

Maryland v. Shatzer, No. 08-680 (U.S. Supreme Court) (559 U.S. 98; 130 S.Ct. 1213) (February 24, 2010) (Justice Scalia) by In its landmark decision in Miranda v. Arizona, 384 U.S. 436, 467 (1966), the Court adopted the first of a series of prophylactic measures to protect a suspect's Fifth Amendment …

U.S. v. Plugh, No. 07-2620-cr(L) (2nd Cir.) (576 F.3d 135) (July 31, 2009) (Judge Richard C. Wesley)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Invocation of Rights

U.S. v. Plugh, No. 07-2620-cr(L) (2nd Cir.) (576 F.3d 135) (July 31, 2009) (Judge Richard C. Wesley) by District court order granting defendant's motion to suppress statements made by him to FBI agents while in custody is affirmed where: 1) defendant was entitled to the prophylactic bar prohibiting police questioning …

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Miranda

Doody v. Schriro, No. 06-17161 (9th Cir.) (548 F.3d 847) (November 20, 2008) (Judge Marsha L. Berzon) by

U.S. v. Liddell, No. 07-1337 (8th Cir.) (517 F.3d 1007) (February 25, 2008) (Judge James B. Loken)

Article • February 1, 2008 • from P&J February, 2008

Filed under: Punch And Jurists, Public Safety Exception

U.S. v. Liddell, No. 07-1337 (8th Cir.) (517 F.3d 1007) (February 25, 2008) (Judge James B. Loken) by Here the Court joined a Circuit split by holding that statements made to the police by a defendant who has been placed under arrest but has not been given any Miranda warnings …

U.S. v. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory)

Article • November 1, 2007 • from P&J November, 2007

Filed under: Punch And Jurists, In Custody

U.S. v. Colonna, No. 06-5237 (4th Cir.) (511 F.3d 431) (December 20, 2007) (Judge Roger L. Gregory) by This case is a perfect example of the type of abusive and excessive force that is utilized far too often by law enforcement personnel in modern-day America. At 6:30 in the morning …

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Miranda

U.S. v. Carter, No. 05-2823-cr (2nd Cir.) (489 F.3d 528) (June 8, 2007) (Judge Chester J. Straub) by For a summary of this decision, see "Circuit Clarifies Law on 'Two-Step' Confession Tactics," by Mark Hamblett, as published in the New York Law Journal on June 14, 2007: "The 2nd U.S. …

Van Hook v. Anderson, No. 03-4207 (6th Cir.) (488 F.3d 411) (May 24, 2007) (Judge David W. McKeague)

Article • April 1, 2007 • from P&J April, 2007

Filed under: Punch And Jurists, Edwards v. Arizona Rule

Van Hook v. Anderson, No. 03-4207 (6th Cir.) (488 F.3d 411) (May 24, 2007) (Judge David W. McKeague) by In this decision, the Sixth Circuit, sitting en banc, held by a vote of 8-7 that a criminal suspect in custody who invokes his right to a lawyer can re-initiate discussions …

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima)

Article • February 1, 2006 • from P&J February, 2006

Filed under: Punch And Jurists, Miranda

U.S. v. Chen, No. 05-10108 (9th Cir.) (439 F.3d 1037) (March 2, 2006) (Judge A. Wallace Tashima) by Here the Court affirmed a suppression order barring the use of statements made by an illegal immigrant during a custodial interrogation after he was not read his Miranda rights. Lin Chen, a …