United States v. Rodriguez

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Jose A. Rodriguez appeals from the district court’s denial of his motion to suppress incriminating statements that he claims National Park Rangers obtained in violation of his Miranda rights. The district court held that, under Davis v. United States, 512 U.S. 452, 462, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994), the Rangers did not have a duty to stop questioning Rodriguez because he did not unambiguously and unequivocally assert his right to silence in response to the Park Ranger’s Miranda warning. We reverse, and hold that the “clear…