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Name: U.S. v. Galindo-Gallegos
Case #: 99-50585
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/27/2001
Subsequent History: None

Galindo-Gallegos and several others were caught while running from border patrol agents who were looking for illegal aliens. The agents did not advise him of his Miranda rights prior to asking him his legal status and Galindo-Gallegos admitted that he was an illegal alien. At trial, he moved to suppress his admission and the trial court denied the motion. The appellate court here found that the denial of the motion to suppress was proper because Galindo-Gallegos was not in custody when questioned. When officers apprehend a substantial number of suspects and question them in the open prior to an arrest, it is a Terry stop not a custodial interrogation.