United States Third Circuit

In a prosecution for offenses arising from a burglary, denial of defendant's motion to suppress statements she and an alleged confederate made during a custodial interrogation is reversed as: 1) police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room with her alleged confederate after she had invoked her right to remain silent and after he promised to give a confession; 2) no valid and meaningful waiver of her rights occurred; and 3) a ruling that the confederate's statements were admissible against her as adoptive admissions was improper as a court errs in permitting the government to use a criminal defendant's silence in the face of police interrogation.

Appellate Information

• Argued 04/17/2007
• Decided 09/28/2007
• Published 09/28/2007

Judges

• Before:  McKEE, AMBRO, Circuit Judges, and ACKERMAN , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kimberly R. Brunson(Argued), Karen S. Gerlach, Office of Federal Public Defender, Pittsburgh, PA, Attorneys for Appellant.


• For Appellees:
  
• Robert L. Eberhardt(Argued), Office of United States Attorney, Pittsburgh, PA, Attorney for Appellee.