U.S. v. BUTLER

No. 99-50752.

249 F.3d 1094 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Rogers BUTLER, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2001.


Attorney(s) appearing for the Case

George W. Hunt, San Diego, California, for the defendant-appellant.

Gregory A. Vega, United States Attorney, Jonah H. Goldstein, Assistant United States Attorney (briefed), and Patrick K. O'Toole, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: BOOCHEVER, SILVERMAN, Circuit Judges, and GEORGE, District Judge.


SILVERMAN, Circuit Judge:

We once again consider at what point a "border inspection detention" may have evolved into "custody" triggering the requirement of Miranda warnings prior to questioning. In this case, while agents conducted an intensive inspection of the defendant's car, he was taken to the inspection station's security office, patted-down, and placed in a locked holding cell where his shoes and belt were confiscated. We hold that upon being placed...

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