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Criminal Law

: Fourth Circuit Blog

Second Post-Miranda Interview, After Initial Interview Without Warnings, Not a Violation

By Jonathan Byrne

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US v. Khweis: Khweis, an American citizen, was captured by Kurdish forces battling ISIS and taken to a detention center in Iraq. There an FBI agent questioned Khweis ?to gather intelligence about ISIS,? but did not provide him with Miranda warnings. Ten days later, a separate team of FBI agents did a series of interviews with Khweis, advising him of his Miranda rights ?before each interview.? He waived his rights and made inculpatory statements that helped form the basis of an indictment charging him with providing material support to ISIS and related charges. Kwheis was convicted at trial and sentenced to 240 months in prison. On appeal, a divided Fourth Circuit affirmed Khweis? conviction, rejecting his argument that his inculpatory statements from the second set of interviews should have been suppressed...continue to full post

Full post as published by Fourth Circuit Blog on August 31, 2020 (boomark / email).

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