United States v. Morgan

738 F.3d 1002, 2013 WL 3491418
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 3, 2013
DocketNo. 12-10056
StatusPublished
Cited by7 cases

This text of 738 F.3d 1002 (United States v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Morgan, 738 F.3d 1002, 2013 WL 3491418 (9th Cir. 2013).

Opinion

OPINION

NGUYEN, Circuit Judge:

Shirley Anne Morgan (“Morgan”) appeals her conviction for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846 (count one) and possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(B)(vii) (count 2). Morgan claims that the district court erred in refusing to suppress post-arrest statements allegedly obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Specifically, Morgan argues that after she had invoked her right to counsel, Border Patrol agent Charles Armour (“Armour”) improperly ■re-initiated interrogation by re-reading the Miranda warnings to her at the detention facility. Alternatively, Morgan contends that the combination of circumstances — rereading the Miranda warnings, processing the drugs seized from her vehicle in her presence, and taking her photograph with the seized drugs — constituted the “functional equivalent” of interrogation. Because agent Armour’s actions were not interrogation or its functional equivalent, we affirm.

I.

A.

On October 9, 2010, Morgan drove a vehicle into the United States through the San Miguel Gate, an unofficial port of entry located south of Sells, Arizona. The gate, situated on the border between the United States and Mexico, is intended to be used only by members of the Tohono O’odham Nation. Border Patrol agents are stationed at the gate to conduct immigration and customs inspections.

During inspection of Morgan’s vehicle, the agents found several bundles of drugs concealed in a speaker box. Morgan was [1004]*1004arrested and, after being advised of her Miranda rights, she agreed to speak to agent Armour. However, after a brief conversation, Morgan invoked her right to counsel. At that point, agent Armour terminated the interview.

Agent Armour then transported Morgan and the seized drugs to the Casa Grande Border Patrol station located approximately two and a half hours away from the gate. At'the station, the agents loaded the drugs, seventy-seven bricks of marijuana, onto a handcart and brought them to the area where Morgan was being processed so that agent Armour could keep an eye on the evidence while processing Morgan. Agent -Armour testified that the drugs were brought to the same room because the evidence “ha[d] to be monitored by an agent at all times.” He explained that while there were other agents in the station, he could not have asked them to watch the drugs for him for hours while he was processing Morgan’s case, because the agents were also working on other matters. According to agent Armour, it is “common practice” to keep the seized evidence in the same room where an arrestee is being processed.

While processing Morgan, agent Armour read her a portion of a standard form — the 1-214 Form — that contained the Miranda advisements.1 Morgan then signed the I-214 Form, acknowledging that the advise-ments were read to her and she understood her rights. Although the 1-214 Form contained a waiver section,2 agent Armbur did not read this section to Morgan or attempt in any way to secure from her a waiver of her Miranda rights.

According to agent Armour, agents at the Casa Grande Border Patrol station are required, as part of the routine processing of every arrestee, to read the Miranda warnings from the' 1-214 Form and to obtain an acknowledgement from the ar-restee that the form was read. This is so regardless of whether the arrestee has previously invoked. his or her Miranda rights at the scene of the arrest. In Morgan’s-case, agent Armour did not read the waiver of rights section to her because she had previously invoked her right to counsel.

After Morgan acknowledged her rights, she stated that she wished to speak to agent Armour. He replied that he could not talk to her without the presence of her attorney because she had already invoked her right to counsel. Morgan replied that she did not need an attorney and wanted to waive her right to counsel. Agent Armour then gave her the opportunity to read and sign the waiver section of the 1-214 Form. Agent Armour placed her in a jail cell while he finished processing the case. During Morgan’s interview, which took place nearly three hours later, she admitted to smuggling marijuana.

[1005]*1005Prior to her interview, and at some point during processing, an agent took Morgan’s picture using a web cam. The picture shows Morgan standing behind .the seized drugs. There is no evidence as to whether the picture was taken before or after she waived her Miranda rights on the 1-214 Form. Agent Armour testified that' the photograph was taken to be. posted, oh Morgan’s jail cell door so that the agents could readily identify the cell’s occupant. However, agent Armour was unable to explain why the drugs were included in the picture.

B.

On October 20, 2010, Morgan was indicted for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(B)(vii). Morgan filed a motion to suppress her statements to agent Armour at the station, which the district court denied. Morgan then entered into a conditional plea agreement in which she reserved the right to appeal the denial of her motion to suppress. This appeal followed.

C.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s denial of a motion to suppress. United States v. Brobst, 558 F.3d 982, 991 (9th Cir.2009).

II.

Morgan argues that agent Armour’s reading of the 1-214 Form constituted a re-initiatión of interrogation in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). It is undisputed that Morgan invoked her right to counsel when she was arrested at the San Miguel Gate. The issue, therefore, is whether Morgan was “interrogated” when agent Armour re-advised • Morgan of her Miranda rights at the station.

The term “interrogation” refers to “express questioning” or its “functional equivalent,” which includes “words or actions on the part of the police (other than those normally attendant to arrest and custody) that the.police should know are reasonably likely to elicit an incriminating response.” Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980).

Here, agent Armour re-advised Morgan of her Miranda rights from the 1-214 Form as part of the station’s standard processing procedure.

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Cite This Page — Counsel Stack

Bluebook (online)
738 F.3d 1002, 2013 WL 3491418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morgan-ca9-2013.