How have the courts treated a defendant's right to a Miranda warning?

The defendant first alleges that the court violated his constitutional rights by asking him his name prior to the giving of any Miranda warnings. However, for Miranda warnings to be required, there must be interrogation within the meaning of Miranda. Routine gathering of background biographical data does not constitute interrogation sufficient to trigger constitutional protections. See United States v. Booth, 669 F.2d 1231, 1238 (9th Cir.1981); United States v. Glen-Archila, 677 F.2d 809, 815-16 (11th Cir.), cert. denied, 459 U.S. 874, 103 S.Ct. 165, 74 L.Ed.2d 137 (1982). Both the court's questions and subsequent discussion between the defendant and the U.S. Attorney were concerned with obtaining the routine background information of the defendant's identity. Moreover, the defendant himself notes that he volunteered the information about his true name previously but no one believed him. Because any questioning involved only routine "booking" information and because the defendant volunteered his true name, there was no interrogation and Miranda warnings were not required.

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2. Right to Counsel