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E.D.N.Y.: Miranda warnings not required for border crossing questions

By John Wesley Hall, Jr.

Miranda does not apply to questions at the border (here, JFK Customs). United States v. Miller, 2009 U.S. Dist. LEXIS 62396 (E.D. N.Y. July 21, 2009): Routine questioning by custom officers at border entry points does not constitute custodial interrogation and therefore does not implicate Miranda. United States v. Silva, 715 F.2d 43, 47 (2d Cir. 1983) (holding that questions directed to a person's citizenship, the length and purpose of her travel, the items she was carrying and what she had to declare were routine questions necessary to protect the nation's borders and, thus, did not require Miranda warnings). The mere fact that a defendant is not forthcoming with his true pedigree information does not turn a routine admissibility interview into a non-routine interview...continue to full post

Full post as published by Fourth Amendment on July 24, 2009 (boomark / email).