D.VI.: CBP questions at border like “Did you pack the bag yourself” not subject to Miranda

Questions at Customs “Is this your bag?”; “Did you pack the bag yourself?”; and “Are you carrying anything for anyone?” are not subject to Miranda. They related to admissibility of the traveler. United States v. Bailey, 2021 U.S. Dist. LEXIS 2930 (D.V.I. Jan. 7, 2020).*

The burden is on the defendant to show that a warrantless search and seizure of a vehicle allegedly involved in a bank robbery was unreasonable. [Wrong.]. Defendant doesn’t show that the searches were unreasonable. The later search of the vehicle was under a warrant that was supported by probable cause. The good faith exception is thus moot, but it would apply too. United States v. Mamoth, 2020 U.S. Dist. LEXIS 246572 (E.D. Tex. Dec. 22, 2020).* [Right result, wrong reason.]

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