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Frank: Un-Mirandized Statement to Cambodian Police Is Admissible

By Tim Cone

In U.S. v. Frank, No. 07-13685 (March 15, 2010), the Court affirmed convictions for traveling to Cambodia and engaging in illicit sexual conduct with minor children, in violation of 18 U.S.C. §§ 2423(b) and 2251A(b)(2)(A).The Court rejected Frank?s argument that his un-Mirandized statements to Cambodian police in Cambodia should have been suppressed. The Court noted that Miranda only applies in a foreign country if American officials are involved in the questioning or if the questioning shocks the judicial conscience; here, American officials played no role in Frank?s questioning. Moreover, Frank?s questioning did not shock the judicial conscience.The Court also rejected Frank?s challenge to the extraterritorial application of § 2251A. The Court found that Congress intended to apply this statute extraterritorially, because it criminalized conduct by a person who ?travels in foreign commerce? and engages in any illicit sexual conduct...continue to full post

Full post as published by Defense Newsletter Blog on March 18, 2010 (boomark / email).