United States v. Isabel Moreno-Lopez

On this appeal, the only question before us is whether appellant knowingly, intelligently, and voluntarily waived her Miranda rights. We hold that she did, and that her motion to suppress was properly denied.

Appellant was the driver and sole occupant of a motor vehicle entering this country from Mexico. Customs inspectors detected marijuana secreted in the fuel tank but allowed appellant to proceed under surveillance. Shortly thereafter she was stopped and arrested, the marijuana was seized and appellant was warned of her rights but not questioned.

Fifteen minutes later appellant was again warned of her rights. The agent giving the warning learned at that time that she was 19, had attended high school in the United States and spoke English well. She gave no response to a query from an agent asking her if she had any questions concerning her rights, but she did indicate that she understood her rights. In response to subsequent questioning by the agents, appellant made the statements which, upon trial, were the subject of a motion to suppress.

Counsel who represented appellant at the trial acknowledged that proper warnings were given without threats or promises and that there…