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Burgest: Dual Sovereignty Precludes Suppression

By Tim Cone

In U.S. v. Burgest, No. 06-11351 (March 13, 2008), the Court rejected the defendant?s argument that statements he gave to federal investigators should be suppressed, because his right to counsel had attached in State criminal proceedings for the same drug offense, and the statements were obtained in violation of his right to counsel.The Court recognized that the right to counsel had attached on the State charges. However, the right to counsel is offense specific, here to the State charge. The federal offenses were distinct. The Court relied on the "dual sovereignty rule," and held that the State right to counsel did not attach to the federal charges.

Full post as published by Defense Newsletter Blog on March 14, 2008 (boomark / email).