DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033892P.pdf 09/13/2004 United States v. Antonino Aguilar
U.S. Court of Appeals Case No: 03-3892
District of Minnesota
Criminal case - criminal law. Applying Missouri v. Seibert, 124 S. Ct.,
2601 (2004), the court holds the district court did not err in suppressing
defendant's statements; providing defendant Miranda warnings between
the two questioning sessions officers conducted did not serve the
purposes of Miranda because it did not provide defendant with a
meaningful opportunity to make an informed choice regarding his right to
make an admissible statement; facts as found by the magistrate judge
show defendant's post-Miranda statement was the results of intentional
police coercion; the method and timing of the two interrogations establish
intentional, calculated conduct by the police of the kind noted in Justice
Kennedy's opinion in Seibert; case distinguished from this court's en
banc opinion in U.S. v. LeBrun, 363 F.3d 715 (8th Cir. 2004).
[PUBLISHED] [Bright, Author, with Murphy and Heaney, Circuit Judges]