CA9: Even if there was a Miranda violation, SW still valid

“Because no Miranda violation occurred, the police permissibly relied on Terui’s incriminating statements in obtaining the search warrant for his home. Even if a Miranda violation had occurred, however, suppression of the evidence found pursuant to the warrant would not be appropriate. Physical evidence discovered as the fruit of unwarned statements may be suppressed only if the statements were made involuntarily, in violation of the Due Process Clause. United States v. Patane, …; Oregon v. Elstad, … The district court correctly found no evidence to support a finding of involuntariness. Terui alleged no physical or psychological coercion, and there was no evidence suggesting that Terui’s will was overborne. Thus, even if Terui had established a Miranda violation, he would not have been entitled to suppression of the evidence discovered pursuant to the search warrant.” United States v. Terui, 2019 U.S. App. LEXIS 31657 (9th Cir. Oct. 23, 2019).*

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