US v Chhay Lim 5th CIR (31JULY2018)

US v Chhay Lim 5th CIR (31JULY2018)

US v Chhay Lim 5th CIR (31JULY2018)

The defendant was arrested early in the morning when he answered the police knocked on his door.  They escorted him back inside and without Mirandizing him asked him if there were guns in the house. Lim replied that there were two guns, one in the laundry room and one in the bedroom.  Then they took him into the bedroom and they asked him where the gun was located.  After he told them where it was he was Mirandized and he refused to answer any more questions.  Other officers conducted a protective sweep and held his family members in the living room. Result:  Lim’s pre-Miranda answers were excluded, Lim’s post-Miranda statements were not excluded. The firearms were admissible “because the exclusion of unwarned statements . . . is a complete and sufficient remedy for any perceived Miranda violation, any such fruit need not be suppressed.”

This 27-page decision is chock full of all kinds of issues regarding the legal aspects of law enforcement, including exigent circumstances, protective sweep … as well as evidence found as a result of Miranda violations and the Public Safety Exception.  Most of the analysis focuses on the Miranda so we are going to file this one under the Fifth Amendment category … but this case has it all!

To view or download the full decision click here