United States v. Giddins, 57 F. Supp. 3d 481

Giddins is charged with three counts of bank robbery and one count of conspiracy; motions to suppress custodial statements and to suppress historical cell site location data are pending after a Sept. 29, 2014 hearing.
Robberies involved disguises, notes claiming bombs, and a bag with a GPS tracking device later recovered.
Giddins allegedly lent his Ford Focus to co-conspirators who committed the Sept. 26 and Sept. 27 robberies while evidence linked to him.
Surveillance and statements from co-conspirators, plus an arrest warrant for Giddins, connected him to the robberies.
On Oct. 4, 2013, Giddins went to police to obtain his car; he was questioned in an interrogation room and given Miranda warnings only after routine booking-type questions.
On Dec. 20, 2013, the government obtained a court order under 18 U.S.C. § 2703(d) for subscriber information, historical call records, and historical GPS/cell-site information, based on specific and articulable facts.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether pre-warning custodial questioning violated Miranda rights	Giddins argues custodial interrogation occurred without warnings	Government contends questions were routine booking questions not requiring warnings; waiver voluntary	Pre-warning statements admissible; no custody; Miranda waived
Whether Sixth Amendment right to counsel attached during police questioning	Right to counsel had attached and was violated when questioning continued	Right had not attached before formal arraignment	No Sixth Amendment violation; not attached during initial questioning
Whether historical cell-site location data obtained without a warrant violated the Fourth Amendment	Data collection violated Fourth Amendment privacy expectations (Riley v. California cited)	Records were business records/third-party data; § 2703(d) supported by specific facts; good-faith exception	Not a Fourth Amendment violation; data obtained under § 2703(d) with good-faith reliance; data suppression denied

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (established requirement for warnings before custodial interrogation)
Pennsylvania v. Muniz, 496 U.S. 582 (U.S. 1990) (booking questions exempt from Miranda if not coercive or incriminating)
D'Anjou, 16 F.3d 604 (4th Cir. 1994) (booking-type questions; exception to Miranda)
United States v. Taylor, 799 F.2d 126 (4th Cir. 1986) (examples of routine booking questions; admissibility of later statements)
Cristobal, 293 F.3d 134 (4th Cir. 2002) (voluntariness of Miranda waiver analyzed as due-process voluntariness)
Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (voluntary and intelligent waiver standard)
Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (right to counsel courts prophylactic rule; invocation limits further interrogation)
United States v. Beale, 921 F.2d 1412 (11th Cir. 1991) (discussed for misleading waiver impact)
United States v. Lall, 607 F.3d 1277 (11th Cir. 2010) (involuntary waiver considerations from police assurance of protection)
United States v. Miller, 425 U.S. 435 (U.S. 1976) (business records/third-party doctrine; no reasonable privacy in records held by bank)
Smith v. Maryland, 442 U.S. 735 (U.S. 1979) (no reasonable privacy in information voluntarily conveyed to third parties)
Jones v. United States, 132 S. Ct. 945 (U.S. 2012) (GPS data and privacy expectations; trespass analysis split in applications)