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Name: U.S. v. Orso
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/08/2000
Subsequent History: None
Summary

Here, the officers arrested Orso and transported her to the Postal Inspection Service Office where they advised her of her rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436. They did not advise her of her rights during transport because they were afraid she would assert her right to counsel. During transport, they falsely informed Orso of evidence against her to make her fearful and elicited incriminating statements from her, including her admission that she knew one of the suspects. This created a “beachhead” which the officers were able to exploit to obtain her statement after she received and waived her Miranda rights. Accordingly, the post-Miranda statement should also have been suppressed. The court ordered her conditional plea vacated, and remanded for further proceedings not inconsistent with this opinion. Justice O’Scannlain concurred separately.