United States v. Martin, No. 11-1696 (7th Cir. 2011)
Annotate this CaseAfter obtaining evidence of his involv3ment in an armed bank robbery, officers stopped and searched Martin's vehicle and discovered marijuana, cocaine, and a revolver. Martin was arrested and transported to the sheriff's department. An officer read Martin his Miranda rights. Martin acknowledged that he understood, agreed to speak with officers, and admitted he was a convicted felon but denied knowledge of the drugs and gun. An officer asked if he would provide a written statement. Martin responded, "I'd rather talk to an attorney first." The officer ended the interview and returned Martin to the lock-up. Other detectives arrived a few hours later, but were not informed that Martin requested to speak with an attorney. The detectives advised Martin of his Miranda rights and he again waived those rights and agreed to speak. He admitted that he loaned a gun to a friend, who returned it by placing it under the hood of the vehicle. The officers did not request a written statement. The district court denied a motion to suppress. The Seventh Circuit affirmed. Martin's invocation of his Fifth Amendment right to counsel was limited to written statements.
The court issued a subsequent related opinion or order on March 25, 2013.
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