Tuesday, August 09, 2011

Second Circuit -- United States v. FNU LNU

United States v. FNU LNU

 No general exception to Miranda for immigration questioning at the border - the litmus is still whether a reasonable person in the agent's position has probable cause to suspect a crime.  If yes, Miranda is in play.

90 Minute interrogation in a closed room with armed guards outside isn't sufficiently custodial to trigger Miranda, though.  Totality of circumstances.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.