Cases

United States v. Potter 6thCIR 2019 11JUN2019

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The defendant in this case (Potter) sought to have statements suppressed as a result of a Miranda violation when the officers continued questioning him after he invoked the right to counsel. Potter asserted that since he “mentioned an attorney” and asked if he needed one, that he effectively invoked the right to counsel. The Sixth […]

Cases

Martinez v Kate 9thCIR 11SEP2018

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Here is a fundamental rule regarding Miranda Warnings and invocation of one or both of the rights: Once a suspect unambiguously invokes his right to counsel during custodial interrogation, the officer must immediately cease questioning and honor that right. In this case, the Ninth Circuit held that the defendant unequivocally and unambiguously invoked counsel during […]

Cases

United States v Stewart 7thCIR 5SEP2018

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The defendant was identified as a suspect in a drug trafficking operation after months of surveillance including information by confidential informants.  As result of this suspicion, they put the defendant under surveillance. The defendant got in his vehicle, drove to a gas station where another individual got in the car and left a few minutes […]

Cases

United States v. Abdallah 4thCIR 18DEC2018

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An investigation into the sale of “spice” led to multiple search warrants which led to the collection of evidence which eventually led to a grand jury indictment and the arrest of the defendant, Nadar Abdallah.  Abdallah was then interrogated by federal special agents and a local police detective.  The officers chose not to record the […]