U.S. v. Arrington

In U.S. v. Arrington, 215 F.3d 855 (8th Cir. 2000), the defendant was charged by Minnesota authorities with felony firearm possession and fleeing police. Id. at 856. At the police station, the defendant, after being advised of his Miranda rights, requested counsel, and counsel was provided. Id. Thereafter, the defendant pled guilty in state court to the charge of fleeing the police, and the firearm charge was dropped. Id. The defendant was sentenced and began serving his state sentence. Id. Shortly thereafter, however, the defendant was arrested (while in jail) by an Alcohol, Tobacco and Firearms (ATF) agent on a federal felon in possession of firearm charge. Id. The defendant was again advised of his Miranda rights, which he waived. Id. Arrington then gave an incriminating statement to an ATF agent. Id. He was subsequently convicted by a jury on the federal firearm charge. Id. On appeal, Arrington contended that the statement he gave to an ATF agent should have been suppressed based on Edwards and Arizona v. Robinson. Id. The Eighth Circuit Court of Appeals summarily rejected Arrington's contention as follows: "We agree that Edwards and Roberson mandate that "after a person in custody has expressed his desire to deal with the police only through counsel, he 'is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police,'" Roberson, 486 U.S. at 682, and that this rule applies "whether a contemplated reinterrogation concerns the same or a different offense, or whether the same or different law enforcement authorities are involved in the second investigation," 486 U.S. at 687. Although the Fifth Amendment right to counsel continues throughout the duration of police custody, see Butler v. Aiken, 846 F.2d 255, 258 (4th Cir. 1988), we find no support in Edwards or Roberson for Arrington's contention that the right also "continues ad infinitum," and certainly not where, as here, the accused has entered a guilty plea and has begun serving his sentence. United States v. Hall, 905 F.2d 959, 963 (6th Cir. 1990) (Edwards and Roberson do not give unlimited blanket protection to defendant invoking Fifth Amendment right to counsel). When Arrington was arrested on state charges, he validly invoked his Fifth Amendment right to counsel and that right was scrupulously honored throughout the state proceedings. After pleading guilty to the state flight charge, Arrington was transferred from police custody to correctional custody to serve his sentence. At that point, Arrington was no longer "'in custody as that term has been used in the context of Edwards and Roberson," 905 F.2d at 962, and Edwards and Roberson were no longer applicable as a basis for suppressing Arrington's statement to the ATF agent, see McNeil v. Wisconsin, 501 U.S. 171, 177, 115 L. Ed. 2d 158, 111 S. Ct. 2204 (1991) (break in custody makes Edwards inapplicable) Thus, the district court properly denied Arrington's motion to suppress his statement." (215 F.3d at 856-57.)