District court order granting defendant's motion to suppress statements made by him to FBI agents while in custody is affirmed where: 1) defendant was entitled to the prophylactic bar prohibiting police questioning when he refused to sign the waiver-of-rights form, and the court did not err in finding that the agents violated this prophylactic bar; and 2) the Supreme Court's ruling in Davis, requiring that a suspect clearly and unambiguously invoke his rights in order to regain them after having waived them, does not apply.
Appeal from the United States District Court for the Western District of New York.
Argued: September 25, 2008
Decided: July 31, 2009
Before JACOBS, WESLEY, and HALL, Circuit Judges.
Opinion by WESLEY, Circuit Judge.
Dissenting Opinion by Jacobs, Chief Judge.
For Appellant: Stephen Maczynski, Buffalo, NY.
For Appellee: Jeffrey Wicks, Rochester, NY.