Post by duke on Aug 22, 2009 8:14:53 GMT -5
Another wrinkle on the right to remain silent
By Second Circuit Civil Rights Blog
I wonder if the Supreme Court justices who issued their landmark rulings on the right to counsel in the 1960's knew that 40 years later the courts would still be untangling the meaning of the Sixth Amendment (and the Fifth Amendment). The Second Circuit has issued another ruling that places a wrinkle on the right to remain silent after a criminal suspect asks for a lawyer.
The case is United States v. Plugh[www.ca2.uscourts.gov/decisions/isysquery/34b918e5-d042-48f3-92df-a00d3d081670/3/doc/07-2620-cr_opn.pdf#xml=http://www.ca2.uscourts.gov/decision] decided on July 31. Plugh was being questioned about his alleged child pornography. The agents had found child pornography on his computer hard drive. When they handcuffed Plugh, he was read his rights under the Fifth Amendment ("you have the right to remain silent, etc.") and they asked him to sign an "advice-of-rights" form which would have waived his right to an attorney and allowed the agents to ask him more questions.
Plugh responded, “I am not sure if I should be talking to you,” and “I don’t know if I need a lawyer.” Plugh did not sign the waiver form and stated that he did not want to sign anything at that time. As the agents drove Plugh to FBI offices in Rochester, N.Y., they told him he was about to be arrested on child pornography charges. Plugh asked what he should do. They told him that if he cooperated they would let the U.S. Attorney's office know about it. At the FBI offices, the agents placed Plugh in a booking room and told him that “f he wanted to make any statements this was the" time to do so. Plugh said he would talk and the agents read him his Miranda rights. Plugh did not again ask for a lawyer. He began talking and incriminated himself. The district court suppressed Plugh's statements, and the Court of Appeals affirms.
Here are the issues: "whether Plugh retained his right to remain silent an d his right to counsel by refusing to sign the advice-of-rights form when asked by Agent McArdle to sign the form if he agreed with its contents, notwithstanding his statements immediately prior that he was not certain he wanted to talk to a lawyer or that he should talk to the interrogating agents." The Court of Appeals (Wesley and Hall with Jacobs dissenting) rules in Plugh's favor. <snip>
secondcircuitcivilrights.blogspot.com/2009/08/another-wrinkle-on-right-to-remain.html
By Second Circuit Civil Rights Blog
I wonder if the Supreme Court justices who issued their landmark rulings on the right to counsel in the 1960's knew that 40 years later the courts would still be untangling the meaning of the Sixth Amendment (and the Fifth Amendment). The Second Circuit has issued another ruling that places a wrinkle on the right to remain silent after a criminal suspect asks for a lawyer.
The case is United States v. Plugh[www.ca2.uscourts.gov/decisions/isysquery/34b918e5-d042-48f3-92df-a00d3d081670/3/doc/07-2620-cr_opn.pdf#xml=http://www.ca2.uscourts.gov/decision] decided on July 31. Plugh was being questioned about his alleged child pornography. The agents had found child pornography on his computer hard drive. When they handcuffed Plugh, he was read his rights under the Fifth Amendment ("you have the right to remain silent, etc.") and they asked him to sign an "advice-of-rights" form which would have waived his right to an attorney and allowed the agents to ask him more questions.
Plugh responded, “I am not sure if I should be talking to you,” and “I don’t know if I need a lawyer.” Plugh did not sign the waiver form and stated that he did not want to sign anything at that time. As the agents drove Plugh to FBI offices in Rochester, N.Y., they told him he was about to be arrested on child pornography charges. Plugh asked what he should do. They told him that if he cooperated they would let the U.S. Attorney's office know about it. At the FBI offices, the agents placed Plugh in a booking room and told him that “f he wanted to make any statements this was the" time to do so. Plugh said he would talk and the agents read him his Miranda rights. Plugh did not again ask for a lawyer. He began talking and incriminated himself. The district court suppressed Plugh's statements, and the Court of Appeals affirms.
Here are the issues: "whether Plugh retained his right to remain silent an d his right to counsel by refusing to sign the advice-of-rights form when asked by Agent McArdle to sign the form if he agreed with its contents, notwithstanding his statements immediately prior that he was not certain he wanted to talk to a lawyer or that he should talk to the interrogating agents." The Court of Appeals (Wesley and Hall with Jacobs dissenting) rules in Plugh's favor. <snip>
secondcircuitcivilrights.blogspot.com/2009/08/another-wrinkle-on-right-to-remain.html