US v. Plugh, No. 07-2620

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 Information
Appeal from the United States District Court for the Western District of New York.
Argued: September 25, 2008
Decided: July 31, 2009

Judges
Before JACOBS, WESLEY, and HALL, Circuit Judges.
Opinion by WESLEY, Circuit Judge.
Dissenting Opinion by Jacobs, Chief Judge.

Counsel
For Appellant: Stephen Maczynski, Buffalo, NY. 

For Appellee: Jeffrey Wicks, Rochester, NY.