United States v. Sangvian Ford

Ford appeals from convictions of importation and possession of heroin with intent to distribute [ 21 U.S.C. §§ 952 (a), 841(a)(1) (1970)]. She contends that certain incriminating statements made following her arrest should have been suppressed. By remaining silent when asked certain questions, she claims to have revoked her earlier waiver of her right to silence, thus requiring that all interrogation cease.

The Customs agents treated appellant in a particularly courteous manner. They informed her of her Miranda rights in both English and Thai, her native language. She responded, in Thai, that she understood her rights and was willing to speak with the agents.

The district judge found, after observing her in the courtroom, that she had a sufficient command of English to have understood her rights, and that she voluntarily waived them. He found also that her intermittent silences in response to certain questions did not effect a revocation of the waiver, explaining

Appellant’s continued willingness to respond to questions following her silent pauses undermines the claim that the pauses were an assertion of her right to remain silent, or were meant to revoke her earlier waiver.…