Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit affirmed …

Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania reversed a defendant’s conviction in which his post-arrest silence was mentioned multiple times at trial, and …

Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …

New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch by Richard Resch The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights …

Office of Inspector General-Counterterrorism and Interrogation Activities, May 2004 CTA LOAN COPY DO NOT COPY Central Intelligence Agency Inspector General SPECIAL REVIEW ! \ ~ ) COUNTERTERROR1Slv1 DETENTION Al\TD INTERROGATION ACTiv1TIES (SEPTEMBER 2001 - OCTOBER 2003) (20O3-7123-IG) 7 May 2004 Copy ' • ~:•-• • I "• •."• • : …