United States Second Circuit

District court order granting defendant's motion to suppress statements made by him to FBI agents while in custody is affirmed where: 1) defendant was entitled to the prophylactic bar prohibiting police questioning when he refused to sign the waiver-of-rights form, and the court did not err in finding that the agents violated this prophylactic bar; and 2) the Supreme Court's ruling in Davis, requiring that a suspect clearly and unambiguously invoke his rights in order to regain them after having waived them, does not apply.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• Before:  JACOBS, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen Baczynski, Assistant United States Attorney, for Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, Buffalo, New York, for Appellant-Cross-Appellee., Jeffrey Wicks, Rochester, New York, for Defendant-Appellee-Cross-Appellant.