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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.