· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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