United States v. Fnu Lnu

CALABRESI, Circuit Judge:

The district court (Weinstein, J.) denied the defendant’s motion to suppress testimony from the Customs and Border Patrol (CBP) officer who questioned her without Miranda warnings on her arrival at John F. Kennedy International Airport. We reject the district court’s reasoning that either a general exception to Miranda for border questioning exists or that the officer’s intent in posing the questions is relevant. But, based on the totality of the circumstances, we conclude that the defendant was not in custody during the questioning and so Miranda warnings were…