Free Supplemental Memorandum - District Court of California - California

Case 3:07-cr-03402-IEG

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Filed 09/08/2008

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JOAN KERRY BADER California State Bar No. 172586 964 Fifth Avenue, Suite 214 San Diego, California 92101-6128 Telephone: (619) 699-5995 FAX (619) 699-5996 Attorney for Defendant Ramos THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA THE HON. IRMA E. GONZALEZ THE UNITED STATES OF AMERICA ) CASE 07cr3402IEG ) ) September 9, 2008 v. ) 10:00 a.m. ) NOTICE OF ADDITIONAL ) AUTHORITY IN SUPPORT OF ISAAC RAMOS, ) MOTION TO SUPPRESS Defendant ) STATEMENTS ) ) ___________________________________) TO: KAREN HEWITT, UNITED STATES ATTORNEY; ERIC BESTE, ASSISTANT UNITED STATES ATTORNEY Defendant Isaac Ramos, by and through his attorney, J. Kerry Bader,

15 hereby files additional authority in support of his motion to suppress. 16 This authority is directed to nearly all of the Government's proposed 17 exhibits which contain alleged statements by Mr. Ramos. 18 The authority is Mathis v. United States, 391 U.S. 1 (1968). 19 Mathis, IRS agents interviewed the defendant for civil findings while he 20 was serving custody on a different charge. 21 it was error for the agents to fail to administer Miranda warnings to 22 Mr. Mathis. 23 arguments that the investigators were simply inquiring as part of a 24 routine tax investigation and that the IRS agents were not the persons 25 who had placed him in custody. 26 are too minor and shadowy to justify a departure from the well27 considered conclusions of Miranda with references to warnings to be 28 1 07CR0449 The Court said that "[t]hese differences The Supreme Court specifically rejected the government's The Supreme Court held that In

Case 3:07-cr-03402-IEG

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given to a person held in custody."

The Court stated further: "We find

nothing in the Miranda opinion which calls for a curtailment of the warnings to be given persons under interrogation by officers based on the reason why the person is in custody." In United States v. Chen, 439 F.3d 1037 (9th Cir. 2006). INS agent

erred by failing to administer Miranda warnings while he was questioning Chen about a third party for alien smuggling suspect while Chen was in custody during administrative deportation proceedings. Dated: September 8, 2008 Respectfully submitted,

________________________ Joan Kerry Bader, Attorney for Mr. Ramos

Respectfully submitted, Dated: August 15, 2008

s/s Joan Kerry Bader Joan Kerry Bader Attorney for Isaac Ramos

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