A new suppression hearing must be held where the defendant’s confession for falsifying a passport application was obtained during interrogation using a midstream Miranda warning. Under Missouri v. Seibert, 542 U.S. 600 (2004), which was decided after the district court’s ruling admitting the post-Miranda portion of defendants custodial statements, the district court must suppress all statements obtained during a deliberate two-step interrogation where the midstream Miranda warning was objectively ineffective. The appeals court remanded for a new hearing.
Case Summaries