Does Miranda apply to incriminating statements made to a private person in the absence of police subterfuge or intimidation?
MultiRegion, United States of America
The following excerpt is from United States v. Ferrer, No. 17-2303 (2nd Cir. 2019):
App'x 97. This statement was plainly admissible, as "Miranda does not apply to incriminating statements made to private persons in the absence of police subterfuge or intimidation." United States v. Romero, 897 F.2d 47, 52 (2d Cir. 1990). This critical admission established that Ferrer was in possession of the gun, and would have come in whether or not Ferrer was represented at the suppression hearing.
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