9th Cir.;
14-10224

The court of appeals affirmed a judgment of conviction. The court held that biographical questions posed to a suspect in custody did not constitute interrogation.

Brigido Luna Zapien was arrested for his alleged involvement in an illegal drug sale. After being Mirandized, Luna Zapien invoked his right to counsel after Drug Enforcement Administration (DEA) agents accused him of being a drug dealer. Following his invocation, the agents began asking him biographical questions, such as Luna Zapien's name, birth date, and residence, and the names of his wife, parents, and children. Luna Zapien then said he wanted to provide further information. The agents again advised him of his rights under Miranda, but he explicitly said he wanted to talk without counsel. He then told the agents that he had been involved in drug trafficking. Luna Zapien was indicted on multiple drug charges. The district court denied his subsequent motion to suppress his statements made during interrogation. Luna Zapien was subsequently tried, convicted, and sentenced to prison.