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Name: U.S. v. Orso
Case #: 99-50328
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/17/2001
Subsequent History: Rehrg. En Banc rejected 12/28/01

On the ride to the police station, defendant made incriminating statements in response to the officer’s comments (one of which was false) about the evidence against her, and without having been given Miranda warnings. After arrival at the station, she signed a written Miranda waiver and fully confessed to the crime. The appellate court held her statements in the car were inadmissible for lack of Miranda warnings, but that her subsequent confession was admissible. The court held a proper reading of Oregon v. Elstad (1985) 470 U.S. 298 requires suppression of a warned confession only if it was tainted by unwarned statements that were involuntary. Her statements in the car were not involuntary under the facts of the case.