United States v. Capers

Judge TRAGER dissents in a separate opinion.

HALL, Circuit Judge:

The government appeals from an order entered in the United States District Court for the Southern District of New York (McKenna, J.) to suppress inculpatory statements made by defendant-appellee while in custody. We AFFIRM the order of the district court on the ground that the initial interrogation conducted by an investigator aware of the obvious need for a Miranda warning, followed 90 minutes later by a second, post-Miranda interrogation by the same investigator, on the same subject matter, under similar circumstances and with…