DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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183751P.pdf 08/06/2020 United States v. Idelfonso Tapia-Rodriguez
U.S. Court of Appeals Case No: 18-3751
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Loken, Author, with Benton and Kelly, Circuit Judges]
Criminal case - Criminal law. Asking defendant his name and whether he
lived in the apartment were requests for basic identification information
and could be asked without giving defendant his Miranda warnings; asking
defendant to identify his bedroom in the apartment before providing
Miranda warnings presents a closer question, but was permissible because
the police had a legitimate need for the information to ensure they were
conducting a lawful consensual search based on defendant's roommate's
consent to a search of the apartment; the officers only asked questions
that were reasonably related to obtaining defendant's consent to search
and did not ask him anything intended to solicit an incriminating
response. Judge Kelly, dissenting.