United States v. Brown
2011 U.S. App. LEXIS 26015
7th Cir.2011Background
- Police arrested Jimmy Brown for illegal firearm possession after a foot pursuit and found a handgun on him.
- Brown was read his Miranda rights twice, first in a squad car where he nodded and made a dismissive sound, then again at the station.
- Brown answered some questions after the first warning and sought a potential deal with officers.
- At the station, Brown answered affirmatively that he understood his rights and continued speaking, while remaining largely evasive on certain questions.
- Brown required hospital treatment after the pursuit, and later told medical staff he injured himself fleeing.
- Brown was convicted after a jury trial, and he moved to suppress his post-arrest statements which the district court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown's Miranda waiver was valid | Brown's head nod/sigh insufficient to show understanding. | Brown did not clearly indicate understanding or waive rights. | Waiver found; actions implied understanding and voluntary waiver. |
| Whether there was sufficient evidence of possession of a firearm | Evidence shows Brown possessed the firearm and intent was shown. | Sufficiency of evidence is insufficient for knowing possession. | Sufficient evidence supported conviction. |
Key Cases Cited
- United States v. Jackson, 598 F.3d 340 (7th Cir. 2010) (standard for reviewing suppression rulings)
- Berghuis v. Thompkins, 560 U.S. 370 (U.S. 2010) (Miranda waiver must be voluntary; implied waivers possible)
- North Carolina v. Butler, 441 U.S. 369 (U.S. 1979) (express vs. implied waiver framework)
- United States v. Upton, 512 F.3d 394 (7th Cir. 2008) (implied waivers through conduct)
- Banks v.., 78 F.3d 1190 (7th Cir. 1996) (implied waiver and prior experience with law enforcement)
- United States v. Hodges, 315 F.3d 794 (7th Cir. 2003) (elements of felon in possession of a firearm)
- United States v. Starks, 309 F.3d 1017 (7th Cir. 2002) (flight as evidence of guilt; standard for sufficiency review)
- United States v. Fassnacht, 332 F.3d 440 (7th Cir. 2003) (high standard for reversing on sufficiency)
- United States v. Carrillo, 435 F.3d 767 (7th Cir. 2006) (sufficiency test applied to criminal conviction)