State v. Knowlton
Maine Supreme Judicial Court
34 A.3d 1139 (2012)
Drug agent William Campbell questioned Scott Knowlton (defendant) about suspected drug trafficking; Knowlton became upset and asked for a lawyer, and Campbell immediately stopped and arrested him. Campbell later let Knowlton call his mother and girlfriend, then drove him about an hour to jail, letting him use a cell phone to call his mother again along the way; during the drive, Knowlton told Campbell he wanted to cooperate but was scared. Near the jail, Campbell reminded Knowlton he could talk without a lawyer if he wanted, and Knowlton agreed. Instead of continuing to jail, Campbell took him to an MDEA office, had him sign a written waiver, and Knowlton then made incriminating statements -- five hours after first invoking his right to counsel, and without ever actually speaking to an attorney. The trial court suppressed the statements, and the state appealed.
Whether, once a person in custody invokes his right to counsel and then evinces a willingness for a generalized discussion with law enforcement about the investigation, any resulting incriminating statements are subject to suppression.