United States v. Hutchins

INTRODUCTION

I respectfully dissent for two reasons. First, I do not agree with the majority’s conclusion that the Naval Criminal Investigation Service (NCIS) agent’s request for a permissive search authorization constitutes reinitiation of communication in violation of Appellant’s Fifth Amendment rights. Appellant initiated communication with the NCIS agents, and his statement was both voluntary and the result of a knowing waiver of his right to counsel. Therefore, the military judge did not abuse his discretion in denying the motion to suppress the statement, and the statement was properly…