United States of America v. Amado Magallon Guerrero

Nashville, Tennessee criminal defense lawyer represented the Defendant charged with multiple counts of conspiracy, drug trafficking, and money laundering.

Guerrero's motion to suppress evidence were overruled.

The Fifth Amendment guarantees that “[n]o person . . . shall be compelled in any
criminal case to be a witness against himself.” U.S. Const. amend. V. In the seminal decision of Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court established procedural safeguards to protect the core of the right against self-incrimination. These safeguards require law enforcement officers to inform suspects of their rights—colloquially known as Miranda warnings—before questioning. These warnings advise individuals that: (1) they have a right to remain silent, (2) anything they say can and will be used against them in a court of law, (3) they have the right to consult with a lawyer before interrogation and to have the lawyer present during interrogation, and (4) if they cannot afford an attorney, one will be appointed for them before questioning begins. Id. at 467–73.

Miranda is triggered whenever a person is subjected to custodial interrogation—i.e.,
subject to “express questioning or its functional equivalent.” McKinney v. Hoffner, 830 F.3d
363, 371 (6th Cir. 2016) (quoting Rhode Island v. Innis, 446 U.S. 291, 300–01 (1980)); Miranda, 384 U.S. at 467–68. The functional equivalent of express questioning means “any words or actions on the part of the police . . . that the police should know are reasonably likely to elicit an incriminating response.” Innis, 446 U.S. at 301. To protect against encroachments on this right, statements made during custodial interrogation are generally inadmissible “unless the defendant has first been apprized [sic] of the constitutional right against self-incrimination and has validly
waived this right.” United States v. Cole, 315 F.3d 633, 636 (6th Cir. 2003) (citing Miranda, 384 U.S. at 478–79).
C

The Defendant was found guilty.

Affirmed