Legal Opinion

United States v. Rogers Butler, Jr.

Court of Appeals for the Ninth Circuit

Decided May 17, 2001No. 99-50752PublishedCited by 64 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

We once again consider at what point a “border inspection detention” may have evolved into “custody” triggering the requirement of Miranda warnings prior to questioning. In this case, while agents conducted an intensive inspection of the defendant’s car, he was taken to the inspection station’s security office, patted-down, and placed in a locked holding cell where his shoes and belt were confiscated. We hold that upon being placed in the holding cell, Butler was in custody and should have been advised of his rights prior to any further questioning, whether or not…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Stansbury v. CaliforniaSupreme Court of the United States · 1994
  4. United States v. Juan Manuel Bautista, United States of America v. Javier Cabrera-MartinezCourt of Appeals for the Ninth Circuit · 1982
  5. 96 Cal. Daily Op. Serv. 6094, 96 Daily Journal D.A.R. 9962 United States of America v. Miguel PolancoCourt of Appeals for the Ninth Circuit · 1996

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3Cited by64 opinions

  1. United States of America, State of California, Intervenor v. Raphyal Crawford, AKA Aarmyl CrawfordCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. Tashiri Wayne WilliamsCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Ted Stevenson Angwin and Christine KhamisCourt of Appeals for the Ninth Circuit · 2001
  4. United States v. Insook Kim, AKA in Sook KimCourt of Appeals for the Ninth Circuit · 2002
  5. United States v. Benito HernandezCourt of Appeals for the Ninth Circuit · 2003

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