United States v. Richard Cone

LUMBARD, Chief Judge.

The question for decision is whether Richard Cone’s statements made to customs agents on the street a few minutes after his arrest were properly admitted at his trial. The agents did not advise Cone of his right to remain silent and that what he said might be used in evidence. Cone did not ask to consult counsel prior to making the statements, nor was he advised of his right to do so. We hold that the statements were admissible and affirm the conviction.

Cone was tried under an indictment charging him with smuggling marijuana into the United States in violation of 21…