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Name: U.S. v. Morgan
Case #: 12-10056
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/03/2013

Border patrol officer who reread Miranda rights to defendant who had already invoked her right to counsel did not impermissibly reinstitute interrogation. Morgan pled guilty to federal drug offenses after her motion to suppress her statements to police was denied. On appeal she challenged the denial of her motion to suppress. Held: Affirmed. When Morgan attempted to drive her car through a border checkpoint in Sells, Arizona, drugs were found. Morgan was arrested and given her Miranda rights. She initially agreed to speak to officers, but then invoked her right to counsel. She was transported to the station and held in the same room where the drugs were processed. An officer reread Morgan her Miranda rights off a standard form, which was routine procedure. A photo was taken of her with the drugs. Morgan then said she wanted to speak to officers and admitted smuggling the drugs. It was undisputed that Morgan invoked her right to counsel at the time of arrest. The court found that the rereading of Miranda rights and subsequent events did not constitute a prohibited interrogation. The rereading of rights was part of the arrest and custody procedures and the officer did not attempt to question Morgan or obtain a waiver of rights. The officer’s “actions were not the functional equivalent of express questioning such that they were an ‘interrogation’ in violation of Miranda.” Further, the totality of the arrest procedure, including the manner in which the drugs were processed and the taking of Morgan’s photo, did not constitute an interrogation.