United States v. Giboney, No. 16-3294 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the denial of defendant's motion to suppress and pro se motion to dismiss the indictment after defendant pleaded guilty to transporting, receiving, and possessing child pornography. The court held that, under the totality of the circumstances, defendant's pre-arrest interview was not custodial and the detective was not required to advise defendant of his Miranda rights. Therefore, these statements during the pre-arrest interview need not be suppressed. Furthermore, statements made during the post-arrest interview need not be suppressed because the court failed to find a clear and unequivocal assertion of the right to counsel. Finally, defendant's pro se motion to dismiss the indictment failed to cite legal authority for his argument and was thus properly denied.
Court Description: Shepherd, Author, with Smith, Chief Judge, and Arnold, Circuit Judge] Criminal case - Criminal law. The district court did not err in determining defendant's pre-arrest statements were admissible as, considering the totality of the circumstances, the interview was not custodial, and defendant did not have to be advised of his Miranda rights; the court did not err in determining defendant's post-arrest statements were admissible as he did not clearly and unequivocally request the assistance of counsel before he answered the police officer's questions and admitted committing the offense.
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