Interlocutory Appeal – Miranda Warning

By: Derek Hawkins//September 13, 2021//

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Jorge L. Leal

Case No.: 20-3102

Officials: EASTERBROOK, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Interlocutory Appeal – Miranda Warning

Jorge Leal used an online dating application to solicit sex acts from a user he believed was an underage boy. That user turned out to be a Federal Bureau of Investigation agent conducting a sting operation. In an interview with law enforcement, Leal confessed. He was then arrested and charged with knowingly attempting to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). Leal moved to suppress his incriminating statements, arguing that the agents failed to provide a Miranda warning before the interview. The district court granted the motion, and the government filed this interlocutory appeal. Because Leal was not “in custody” during the interview, we reverse.

Reversed and remanded

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.

Select Region or Brand

Upcoming Event