Miranda Warnings Are Required in Border Strip- Search Interrogations Under A “Place of Interrogation” Theory

Date

1971

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyzes the custodial situations that call for protection under Miranda at the border. For both custom situations and non-custom situations, the Courts use a test of several factors to determine if someone is in custody. However, the author calls for a more concise, objective, and consistent test for the definition of custody, regardless of whether the interrogation takes place on the border or elsewhere. The 5th Circuit developed the Place of Interrogation test to determine whether or not a person is in custody. Ultimately, the author concludes that courts will be stricter on evidence that comes from border patrol interrogations.

Description

Keywords

Custody, Miranda, Warnings, Border Patrol, Customs, Interrogations, United States v. Salinas, Case note

Citation

3 Tex. Tech L. Rev. 183