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United States v. Kon Yu-Leung

910 F.2d 33 (1990)

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United States v. Kon Yu-Leung

United States Court of Appeals for the Second Circuit

910 F.2d 33 (1990)

Facts

The Drug Enforcement Administration (DEA) arrested John Ruotolo (defendant) in his home pursuant to an arrest warrant on the same day that a grand jury indicted Ruotolo and nine other people in a heroin-trafficking scheme. After Ruotolo’s arrest, agents found one gun in plain view during a security sweep. Ruotolo was given Miranda warnings, and he responded that he was not sure whether he should talk to his lawyer before answering agents’ questions or letting them search his home. A DEA agent responded that Ruotolo would not be able to make any calls because other conspirators were still being arrested. The DEA agent directed other agents to obtain a search warrant for Ruotolo’s home. Ruotolo then initiated a conversation during which he ultimately consented to a search. During the search, DEA agents recovered 19 handguns and other physical evidence. Ruotolo moved to suppress the physical evidence seized during the search as a violation of his Sixth Amendment right to counsel. The district court suppressed all physical evidence except for the gun seized in plain view, finding that Ruotolo was not informed that he had been indicted before he consented to the search. The government (plaintiff) appealed before Ruotolo proceeded to trial.

Rule of Law

Issue

Holding and Reasoning (Mahoney, J.)

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