DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052503P.pdf 03/31/2006 USA v. Johnny Lee Ollie, Jr
U.S. Court of Appeals Case No: 05-2503
Southern District of Iowa
[PUBLISHED] [Arnold, Author, with Beam and Riley, Circuit Judges]
Criminal case - criminal law. When a defendant moves to suppress a
post-warning statement that he contends was given as part of a question-
first interrogation, the prosecution must prove, by a preponderance of the
evidence, that the police officer's failure to provide warnings at the
outset of questioning was not part of a deliberate attempt to circumvent
Miranda; here, the government failed to meet that burden and the
defendant's confession must be suppressed.