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· 12/4/1981

United States v. John Theodore Downing

Citations

  • 665 F.2d 404
  • 1981 U.S. App. LEXIS 15471

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding any evidence obtained as a result of violation of suspect's Fifth Amendment right to have counsel present during interrogation is inadmissible
  • holding any evidence obtained as a result of violation of suspect's Fifth Amendment right to have counsel present during interrogation is inadmissible
  • stating prevailing rule but holding that disputed inquiries were not routine but were investigatory, designed to elicit an incriminating response
  • inquiring about purpose of keys retrieved from appellant's pocket and location of airplane that directly led to discovery of incriminating evidence
  • defendant asserted right to counsel, police officer nevertheless interrogated him and learned location of defendant's airplane; held, evidence discovered in plane inadmissible
  • defendant, who had asked to speak with a lawyer, was directed to empty his pockets and surrender his personal effects; agent’s inquiry as to what certain keys belonged to constituted impermissible interrogation

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Breyer, Bonsal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.