United States v. Devaughn Dorsey

MEMORANDUM

The United States appeals the district court’s order suppressing Devaughn Dorsey’s incriminating statements made during an interrogation on May 22, 2008. The district court conducted an evidentiary hearing, including review of the videotaped interview, before ruling. It determined that Dorsey was arrested on the morning of May 22, 2008, and the arresting officers read him his Miranda rights. See Miranda v. Arizona, 384 U.S. 436, 478-79 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). That afternoon, he was taken to the Seattle Police Department and escorted to an interview room, where he was again read his Miranda rights. At that time, Dorsey signed the acknowledgment of rights form.

During the subsequent interrogation, the Government concedes that Dorsey unequivocally invoked his right to counsel. Rather than immediately ending the interview, the detectives attempted to clarify whether Dorsey had invoked his right to counsel. When they were satisfied that he was willing to speak without counsel they continued the interrogation for a few minutes before one of the officers asked to speak to the other outside the room. The detectives told Dorsey that they had to make a phone…