Legal Opinion
United States v. Ervey Hernandez-Hernandez
Court of Appeals for the Eighth Circuit
Decided September 29, 2004No. 03-2251PublishedCited by 33 opinions
1Opinion of the Court
FAGG, Circuit Judge.
Ervey Hernandez-Hernandez was a passenger in a car stopped for a minor traffic violation. The trooper decided to question Hernandez-Hernandez and the other passengers about their immigration status after he determined they did not speak English. Hernandez-Hernandez made incriminating statements to the trooper through the English-speaking driver, to Border Patrol agents during an un-Mirandized telephone call during the traffic stop, and to the Immigration and Naturalization Service (INS) after he was in custody and after receiving Miranda warnings. The district court *…
2Cases cited8 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Oregon v. ElstadSupreme Court of the United States · 1985
- Missouri v. SeibertSupreme Court of the United States · 2004
- United States v. Salvador Ramos, United States of America v. Servando RamosCourt of Appeals for the Eighth Circuit · 1994
- United States v. Salwan YousifCourt of Appeals for the Eighth Circuit · 2002
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3Cited by33 opinions
- United States v. Johnny Carter, Micheal BearamCourt of Appeals for the Second Circuit · 2007
- United States v. Johnny Lee Ollie, Jr.Court of Appeals for the Eighth Circuit · 2006
- United States v. CapersCourt of Appeals for the Second Circuit · 2010
- United States v. Oscar Flores-Sandoval, Also Known as Armando Polanco-Diaz, Also Known As, Daniel Sanchez-RodriguezCourt of Appeals for the Eighth Circuit · 2007
- UNITED STATES OF AMERICA, PLAINTIFF—APPELLEE v. ERIBERTO MELESIO BRIONES, DEFENDANT—APPELLANTCourt of Appeals for the Eighth Circuit · 2004
28 more not listed; retrieve them via the Exa API.