United States v. Mikell

VINING, Senior District Judge:

This appeal presents the question of whether an arrestee’s refusal to answer certain questions during a custodial interrogation constitutes an assertion of his Fifth Amendment right to remain silent. The district court denied a suppression motion which alleged that continuation of the custodial interrogation was unconstitutional. We affirm the district' court’s ruling on this issue, although we vacate the sentence and remand for resentencing. We also affirm all of the subject convictions despite the warrantless search which resulted in suppression motions.

I.…