Morgan

United States v. Morgan

Good Law
738 F.3d 1002·2013 WL 3491418
United States Court of Appeals for the Ninth CircuitJune 3, 2013No. 12-10056California1,819 words

Opinion

Lead Opinion

Nguyen, J.

Shirley Anne Morgan (“Morgan”) appeals her conviction for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846 (count one) and possession with intent to distribute marijuana in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(vii) (count 2). Morgan claims that the district court erred in refusing to suppress post-arrest statements allegedly obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Specifically, Morgan argues that after she had invoked her right to counsel, Border Patrol agent Charles Armour (“Armour”) improperly ■re-initiated interrogation by re-reading the Miranda warnings to her at the detention facility. Alternatively, Morgan contends that the combination of circumstances — rereading the Miranda warnings, processing the drugs seized from her vehicle in her presence, and taking her photograph with the seized drugs — constituted the “functional equivalent” of interrogation. Because agent Armour’s actions were not interrogation or its functional equivalent, we affirm.

I.

A.

On October 9, 2010, Morgan drove a vehicle into the United States through the San Miguel Gate, an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.