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.
Read US v. Plugh, No. 07-2620
Appellate InformationAppeal from the United States District Court for the Western District of New York. Argued: September 25, 2008Decided: July 31, 2009
JudgesBefore JACOBS, WESLEY, and HALL, Circuit Judges.Opinion by WESLEY, Circuit Judge.Dissenting Opinion by Jacobs, Chief Judge.
CounselFor Appellant: Stephen Maczynski, Buffalo, NY.
For Appellee: Jeffrey Wicks, Rochester, NY.
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