Does the Fifth Amendment require suppression of a custodial statement?

MultiRegion, United States of America

The following excerpt is from U.S. v. Camp, 19 F.3d 30 (9th Cir. 1994):

We review de novo whether the Fifth Amendment requires suppression of a custodial statement. United States v. Lucas, 963 F.2d 243, 245 (9th Cir.1992). We review for clear error the factual determination whether inquiries of a suspect in custody constitute interrogation. United States v. Gonzalez-Sandoval, 894 F.2d 1043, 1046 (9th Cir.1990).

The ruling in Miranda prevents authorities from interrogating a suspect in custody without an attorney after the suspect has requested counsel. Lucas, 963 F.2d at 245. The routine gathering of data concerning a suspect's identity, age and residence does not constitute "interrogation" for Miranda purposes where the information sought is not potentially incriminating. United States v. Gonzales-Mares, 752 F.2d 1485, 1489 (9th Cir.), cert. denied, 473 U.S. 913 (1985).

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