United States v. Shirley Morgan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 12-10056 Plaintiff-Appellee, D.C. No. v. 4:10-cr-02880-

JGZ-CRP-

SHIRLEY ANNE MORGAN ,

Defendant-Appellant. AMENDED

OPINION

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Argued and Submitted March 12, 2013—Berkeley, California

Filed June 3, 2013 Amended July 15, 2013

Before: Raymond C. Fisher, Consuelo M. Callahan, and Jacqueline H. Nguyen, Circuit Judges.

Opinion by Judge Nguyen UNITED STATES V . MORGAN

SUMMARY*

Criminal Law

Affirming the denial of a motion to suppress post-arrest statements, the panel held that a Border Patrol agent’s reading of an I-214 Form, which is normally attendant to arrest and custody, did not constitute a re-initiation of interrogation in violation of Miranda v. Arizona, where the agent made no effort to question the defendant or secure a waiver of her rights.

The panel also held that the combination of circumstances – re-advising the defendant of her Miranda rights, processing drugs seized from her vehicle…