The following excerpt is from U.S. v. Ali, 68 F.3d 1468 (2nd Cir. 1996):
Miranda warnings are required prior to the interrogation of a suspect who is in custody. Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694 (1966). "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Id. Defendant argues on appeal both that he was in custody at the time he was questioned, and that the questions constituted interrogation under Miranda and its progeny. The government disputes only the custody issue, apparently conceding that what occurred was interrogation.
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