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BOWNES, Senior Circuit Judge (concurring).
Although I do not quarrel with the majority’s intricate analysis of Miranda, as interpreted by the Supreme Court, I would decide the case on a simpler basis.
Plaintiff asked and received permission to call her attorney after she arrived at the hospital. She did so, and he told her to cooperate with the.police. After she finished talking to her lawyer, the police asked if they could talk to her. She replied that she would do so, stating that her lawyer had told her to cooperate with the police. Before interrogating her, the police advised her of her rights under Miranda. She signed the Miranda waiver. I see no Miranda problem.
Document Info
Docket Number: 19-1680
Citation Numbers: 145 F.3d 431, 1998 U.S. App. LEXIS 11744
Judges: Torruella, Bownes, Stahl
Filed Date: 6/5/1998
Precedential Status: Precedential
Modified Date: 10/19/2024