· 2/23/1990
United States v. Gregory Scarpa, Jr.
Citations
- 897 F.2d 63
- 1990 U.S. App. LEXIS 2928
- 1990 WL 17924
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that once a defendant waived his constitutional rights, those rights could not be invoked by a third party
- concluding statement -9- 04-24-00759-CR “I don’t have a lawyer, but I’m going to get a lawyer,” was not an invocation because it was not a present request for counsel
- implied waiver where warned suspect engaged in a ‘“relaxed and friendly”’ conversation with officers during a 2-hour drive
- implied waiver where warned suspect engaged in a “ ‘relaxed and friendly’ ’’ conversation with officers during a 2-hour drive
- defendant may not seek to establish innocence through proof of absence of criminal acts on specific occasions
- “In at least some cases waiver can be clearly inferred from the actions and words of the person interrogated.” (internal quotation marks and citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Miner, Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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