United States v. Guillen, 995 F.3d 1095 (10th Cir. Apr. 27, 2021)

This appeal from the denial of a motion to dismiss addressed the constitutionality of mid-stream Miranda warnings.  Confronted with a splintered Supreme Court decision on the issue, the Tenth Circuit adopted, as a matter of first impression, the standard set forth in Justice Kennedy’s concurrence for mid-stream Miranda warnings in Missouri v. Seibert, 542 U.S. 600 (2004).  In doing so, the Tenth Circuit reaffirmed that it approach to a splintered decision would be to adopt the concurring opinion that reflects the narrowest grounds for the decision.