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United States v. Green

Once a suspect who is in custody has been informed of his right to counsel through a Miranda warning and has requested counsel, law enforcement officers may not further question the suspect, and, absent his knowing and voluntary waiver of his right to counsel, any statements or testimonial acts elicited by law enforcement officers are inadmissible.

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Appeal from the United States District Court for the Western District of Texas

Gary M. Green appeals his conviction following a jury trial on a charge of felon in possession of firearms in violation of 18 U.S.C. �� 922(g)(1) and 924(a)(2). While in custody, Green responded to Miranda warnings with unambiguous requests for his lawyer. Investigators nonetheless then asked Green to open the combination lock of a gun safe and locate other stored guns in his home. We find that Green’s compliance was testimonial evidence obtained in violation of Green’s Fifth Amendment right to counsel and its admission at trial requires that we reverse his conviction and remand for a new trial.

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