Today the Second Circuit concluded that a request for cooperation can constitute an interrogation for Miranda purposes. United States v. Familetti, No. 16-2334 (Jacobs, Sack, Parker) (appeal from Preska, J., S.D.N.Y.). The Circuit held, however, that the defendant in Familetti was not under custody when the cooperation request occurred — notwithstanding that he had earlier been handcuffed while suffering a panic attack. The short opinion in Familetti, available here, offers mixed blessings to defendants, but includes excellent language as to when a request for cooperation crosses a line to become a full-blown interrogation.
Investigators executed a search warrant of Mr. Familetti’s apartment after he offered money to an undercover agent in exchange for sexual favors with a minor. As described in the opinion:
Familetti suffered an extreme panic attack as the agents entered, and two agents were needed to restrain him, push him against the