192635P.pdf   08/21/2020  United States  v.  Jonathan Figueroa-Serrano
   U.S. Court of Appeals Case No:  19-2635
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Kelly, Author, with Erickson and Stras, Circuit Judges] 
   Criminal case - Criminal law. Based on the information officers knew at 
   the moment they seized a handgun in defendant's vehicle, they had probable 
   cause to believe that he possessed the weapon in violation of 18 U.S.C. 
   Sec. 922(g)(3), which prohibits the possession of a firearm by an unlawful 
   user of a controlled substance, and the seizure was lawful; because police 
   subjected defendant to custodial interrogation without giving him Miranda 
   warnings, the district court erred by failing to suppress the un-warned 
   statements; however, the error was harmless in light of the overwhelming 
   independent evidence of defendant's guilt; post-Miranda warnings, 
   defendant knowingly and voluntarily gave up his rights when he consented 
   to speak with the officers, and his statements were admissible; further, 
   defendant voluntarily waived his rights when he agreed to speak on the 
   phone to an Department of Homeland Security special agent about the gun 
   and his immigration status.