United States v. Aguilar
In United States v. Aguilar, 384 F.3d 520 (8th Cir. 2004), the court held that Miranda was violated when the police used the two-step interrogation strategy.
The court analyzed the facts under both the Seibert plurality's and Justice Kennedy's tests.
The court concluded that Miranda was violated because "the first questioning session consisted of more than routine booking questions, included some good cop/bad cop questioning tactics, and lasted approximately ninety minutes"; the "two interrogations were not separate in time"; and they were conducted by the same officers. Id. at 524-25.
Further, under Justice Kennedy's test, "the method and timing of the two interrogations establish intentional, calculated conduct by the police." Id. at 525.