By: WISCONSIN LAW JOURNAL STAFF//May 24, 2012//
Criminal Procedure
Miranda warnings; interrogation
Reading a suspect the contents of a search warrant is not interrogation.
“Here, Officer Bohlen read the search warrant to Johnson, informing him of the items the officers were searching for within his apartment. Like Innis, there was nothing to indicate that reading the search warrant aloud would prompt Johnson to confess to owning everything in the apartment in order to protect his girlfriend. The only indication that Officer Bohlen
was trying to play on Johnson’s fears that his girlfriend would be in trouble comes from Johnson’s own discredited testimony at the suppression hearing. Accordingly, the district court properly denied the motion to suppress Johnson’s confession that everything in the apartment belonged to him.”
Affirmed.
11-2690 U.S. v. Johnson
Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Kanne, J.