Mark A. Moreno
How Judge Moreno decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Moreno applies the Miranda 'routine booking question' exception robustly: a pre-warning request for identifying/contact information (e.g. a physical address) is not interrogation even if the suspect volunteers incriminating detail in response -- the volunteered statement is the suspect's own doing.
“Judge Moreno concluded that Agent Tucker 'could ask for identifying and contact information, including whether Poor Bear had a physical address without having to administer Miranda warnings.' ... 'if Poor Bear's gratuitous statements were inculpatory, they were his own doing and he has only himself to blame.'”
Moreno treats a post-invocation request for consent to search (e.g. a DNA swab) as outside Miranda: a consent to search is not an incriminating statement, so it does not require fresh warnings even after the suspect invokes the right to silence.
“Judge Moreno deemed this request not 'interrogatory within the meaning of Miranda.' ... This Court agrees with Judge Moreno that Agent Tucker's request that Poor Bear complete a cheek swab after he refused to waive his rights did not violate Miranda.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motion to suppress N = 3 |
Granted in part: 1Denied: 2 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION TO SUPPRESS”
“ORDERED that White Horse's Motion to Suppress, Doc. 105, is denied.”
“ORDERED that Poor Bear's Motion to Suppress and corresponding supplements, Doc. 34; Doc. 37; Doc. 44, are granted in part and denied in part as set forth in this Opinion and order.”