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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.