United States v. Charles Edward Davis

Davis appeals from his conviction, on a jury verdict of guilty, of bank robbery, in violation of 18 U.S.C. § 2113 (a).

When Davis was initially questioned by an FBI agent, he indicated he didn’t want to talk. The agent showed Davis a picture of Davis at the bank in the course of the robbery and said, “Are you sure you don’t want to reconsider?” Davis studied the picture and then said, “Well, I guess you’ve got me.” He then signed a waiver of all his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), agreeing to talk without a lawyer. His subsequent confession was introduced at trial, which he now contends was reversible error.

Defendant relies on U. S. v. Barnes, 432 F.2d 89, 90-91 (9th Cir. 1970). There, after suspects indicated that they didn’t want to talk, they were confronted with the confession of a confederate, and questioned about it.

There was no intervening readvice about rights and no express waiver. The admissions thus obtained were properly deemed inadmissible because they were the product of pressure, by continued questioning, to induce answers despite the desire of the defendant to remain silent.

But the right to talk…