U.S. v. LARA-GARCIA

No. 06-4155.

478 F.3d 1231 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Antonio LARA-GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 6, 2007.


Attorney(s) appearing for the Case

Theodore R. Weckel, Salt Lake City, UT, for Defendant-Appellant.

Karin M. Fojtik, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), for Plaintiff-Appellee.

Before BRISCOE, BALDOCK, and HARTZ, Circuit Judges.


BALDOCK, Circuit Judge.

The Government has identified Defendant Oscar Lara-Garcia as a previously deported alien. Defendant objects to the means by which the Government discovered his identity. In this case we hold that a federal agent's failure to provide a lawfully detained suspect a Miranda warning prior to inquiring about his immigration status does not require suppression of that status where fingerprint evidence subsequently confirms such status.

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