United States v. Marcelle Lacouture

GEE, Circuit Judge:

This case presents squarely for the first time in our circuit the question whether a witness’1 refusal to testify on Fifth Amendment grounds may be made known to the jury or commented on' by defense counsel. Other circuits which have considered these issues, however,2 have uniformly said no. We agree and affirm.

A little over a year ago customs agents inspected defendant Lacouture at a Port of Entry at Laredo, Texas, on her return from a few hours’ visit to Mexico. She advised the customs official that the car she was driving belonged to another. Several suspected marihuana…