United States v. Rought, No. 20-2667 (3d Cir. 2021)
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Rought sold fentanyl to Carichner, who provided some to Giberson. Both overdosed. Giberson was revived with Narcan; Carichner died. Rought was indicted for possession of fentanyl with intent to distribute resulting in death and serious bodily injury. Days later, he was interrogated by the FBI. After being advised of his rights verbally and in writing, he answered questions about his drug use and his supplier but said he did not want to talk about Carichner’s death without a lawyer. The interrogating agents respected his wishes and turned the questioning to other subjects. In discussing those other subjects, however, Rought quickly brought the conversation back around to Carichner and made incriminating statements.
The district court denied Rought’s motion to suppress the statements. A jury convicted him. The Third Circuit affirmed. Invocations of the right to counsel during custodial interrogations can be “limited.” After a limited invocation, interrogation can continue on topics not covered by the invocation. If the suspect, without prompting from law enforcement, then voluntarily reinitiates discussion of a covered topic and waives her previously invoked rights, it “is quite consistent with the Fifth Amendment” for the suspect’s statements about a covered topic to be admissible at trial.
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