United States v. George A. Riggs, 537 F.2d 1219 (4th Cir. 1976). · Go Syfert
United States v. George A. Riggs, 537 F.2d 1219 (4th Cir. 1976). Cases Citing This Book View Copy Cite
66 citation events (8 in the last 25 years) across 27 distinct courts.
Strongest positive: Christopher Simmons v. Michael Bowersox (ca8, 2001-01-02)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) Christopher Simmons v. Michael Bowersox
8th Cir. · 2001 · confidence medium
United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir. 1976) (footnote omitted); see also Davis, 512 U.S. at 461 (suggesting that "when a suspect makes an ambiguous or equivocal statement it will often be good police practice for the interviewing officers to clarify" whether the suspect is indeed asserting his Miranda rights). -11- statement involuntary.
discussed Cited as authority (rule) Christopher Simmons v. Michael Bowersox
8th Cir. · 2001 · confidence medium
United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976) (footnote omitted); see also Davis, 512 U.S. at 461 , 114 S.Ct. 2350 (suggesting that "when a suspect makes an ambiguous or equivocal statement it will often be good police practice for the interviewing officers to clarify” whether the suspect is indeed asserting his Miranda rights). 4 .
discussed Cited as authority (rule) United States v. Gary P. Kammerud
7th Cir. · 1992 · confidence medium
See United States v. Towne, 899 F.2d 1104, 1108 (11th Cir.), cert. denied, 111 S.Ct. 536 (1990); United States v. Gotay, 844 F.2d 971, 975 (2d Cir.1988); United States v. Fouche, 833 F.2d 1284, 1287 (9th Cir.1987), cert. denied, 486 U.S. 1017 (1988); United States v. Porter, 776 F.2d 370 (1st Cir.1985); Nash v. Estelle, 597 F.2d 513 (5th Cir.1979) (en banc), cert. denied, 444 U.S. 981 (1979); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976).
discussed Cited as authority (rule) United States v. Fred Mitchell
4th Cir. · 1990 · confidence medium
See United States v. Gordon, 895 F.2d 932, 938-39 (4th Cir.1990) (no clear error in finding that defendant did not terminate interrogation where shaking of head gave rise to reasonable interpretations besides that defendant was refusing to answer other questions); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976) (no clear error in admitting statements where defendant's alleged invocation was susceptible of two interpretations). 6 For the above reasons, the judgments of conviction are 7 AFFIRMED.
discussed Cited as authority (rule) United States v. Lukens
D. Wyo. · 1990 · confidence medium
See, e.g., Howard v. Pung, 862 F.2d 1348, 1351 (8th Cir.1988) (acknowledging, however, that an ambiguous or equivocal request might in some instances be sufficient to require that all questioning cease), cert. denied, — U.S. —, 109 S.Ct. 3247 , 106 L.Ed.2d 593 (1989); Smith v. Endell, 860 F.2d 1528, 1529 (9th Cir.1988); Owen v. State of Alabama, 849 F.2d 536, 539 (11th Cir.1988); United States v. Gotay, 844 F.2d 971, 975 (2nd Cir.1988); United States v. Porter, 776 F.2d 370 (1st Cir.1985), cert. denied, 481 U.S. 1048 , 107 S.Ct. 2178 , 95 L.Ed.2d 835 (1987); United States v. Riggs, 537 F.2…
discussed Cited as authority (rule) State v. Gerald (2×)
N.J. · 1988 · confidence medium
Only if the suspect makes clear that he is not invoking his Miranda rights should substantive questioning be resumed. [97 N.J. at 120 n. 4 (quoting United States v. Riggs, 537 F. 2d 1219, 1222 (4th Cir.1976), quoted in State v. Fussell, 174 N.J.
examined Cited as authority (rule) State v. Bey (3×)
N.J. · 1988 · confidence medium
Similarly, we have stated: [W]here a suspect makes a statement which arguably amounts to an assertion of his Miranda rights and the interrogating agent recognizes that the statement is susceptible of that construction, his questioning with regard to the crime he is investigating should immediately cease and he should then inquire of the suspect as to the correct interpretation of the statement. [ State v. Wright, 97 N.J. 113 , 120 n. 4 (1984) (quoting United States v. Riggs, 537 F. 2d 1219, 1222 (4th Cir.1976)).] Any words or conduct that reasonably appear to be inconsistent with defendant's w…
discussed Cited as authority (rule) State v. Bey (2×)
N.J. · 1988 · confidence medium
See State v. Wright, supra, 97 N.J. at 120 & n. 4; see also Martin v. Wainwright, supra, 70 F.2d at 923-24; United States v. Lopez-Diaz, 630 F.2d 661, 665 (9th Cir.1980); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976).
discussed Cited as authority (rule) United States v. Angelita Gotay, A/K/A \Angie\""
2d Cir. · 1988 · confidence medium
See United States v. Porter, 776 F.2d 370 (1st Cir. 1985), cert. denied, — U.S. —, 107 S.Ct. 2178 , 95 L.Ed.2d 835 (1987); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976); United States v. Cherry, 733 F.2d 1124, 1130-31 (5th Cir.1984), cert. denied, — U.S. —, 107 S.Ct. 932 , 93 L.Ed.2d 983 (1987); Nash v. Estelle, 597 F.2d 513, 517 (5th Cir.) (in banc), cert. denied, 444 U.S. 981 , 100 S.Ct. 485 , 62 L.Ed.2d 409 (1979); United States v. Fouche, 776 F.2d 1398, 1405 (9th Cir.1985).
cited Cited as authority (rule) Commonwealth v. Davis
Pa. · 1987 · confidence medium
Id., at 1222.
discussed Cited as authority (rule) Ruffin v. United States (2×)
D.C. · 1987 · confidence medium
See, e.g., United States v. Cherry, 733 F.2d 1124, 1130 (5th Cir.1984); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976); United States v. Chansriharaj, 446 F.Supp. 107, 109-110 (S.D.N.Y.1978); Giacomazzi v. State, 633 P.2d 218, 222 (Alaska 1981); State v. Acquin, 187 Conn. 647 , 448 A.2d 163, 177 (1982), cert. denied, 463 U.S. 1229 , 103 S.Ct. 3570 , 77 L.Ed.2d 1411 (1983); State v. Moulds, 105 Idaho 880, 888 , 673 P.2d 1074, 1082 (App.1983); State v. Wright, 97 N.J. 113 , 477 A.2d 1265, 1268 (1984); State v. Cody, 293 N.W.2d 440, 446 (S.D.1980); State v. Robtoy, 98 Wash.2d 30 , 653…
discussed Cited as authority (rule) United States v. Paul C. Porter
1st Cir. · 1985 · confidence medium
See, e.g., United, States v. Cherry, 733 F.2d 1124, 1130-31 (5th Cir.1984) (citing Thompson v. Wainwright, 601 F.2d 768, 772 (5th Cir.1979) and Nash v. Estelle, 597 F.2d 513, 517 (5th Cir.1979) (en banc); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976); United States v. Prestigiacomo, 504 F.Supp. 681, 683 (E.D.N.Y.1981); United States v. Grullon, 496 F.Supp. 991, 997 (E.D.Pa.1979).
discussed Cited as authority (rule) Eugene Anderson v. Harold J. Smith, Superintendent of Attica Correctional Facility
2d Cir. · 1984 · confidence medium
See, e.g., Nash v. Estelle, 597 F.2d 513, 517 (5th Cir.) (en banc) (suspect’s intent unclear when he expressed contradictory desires, “a desire for counsel and a desire to continue the interview without counsel”), cert. denied, 444 U.S. 981 , 100 S.Ct. 485 , 62 L.Ed.2d 409 (1979); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976) (suspect’s statement that he had “no information” could be interpreted “as a mere declaration of ignorance not precluding further cooperation with the investigation”). 8 Miranda itself approved such clarifying questions.
cited Cited as authority (rule) State v. Wright
N.J. · 1984 · confidence medium
Both the magistrate and trial court interpreted the statement as a "mere declaration of ignorance not precluding further cooperation with the investigation.” Id. at 1222.
cited Cited as authority (rule) Ardia v. McCree v. Vernon Housewright, Director, Arkansas Department of Correction
8th Cir. · 1982 · confidence medium
See Nash v. Estelle, 597 F.2d 513, 517 (5th Cir. 1979); United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir. 1976).
examined Cited as authority (rule) Ira Nash, Jr. v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent (4×) also: Cited "see"
5th Cir. · 1979 · confidence medium
Instead, he should attempt to ascertain what the defendant was trying to say, See U. S. v. Riggs, 537 F.2d at 1222 (CA4, 1976), but in so doing he must be careful to remain neutral and neither denigrate the role of counsel nor himself assume the role of counsel.
discussed Cited as authority (rule) United States v. George Agee (2×)
3rd Cir. · 1979 · confidence medium
See also United States v. Berdick, 555 F.2d 1329, 1330-31 (5th Cir. 1977), Cert. denied, 434 U.S. 1010 , 98 S.Ct. 721 , 54 L.Ed.2d 753 (1978); United States v. Venditti, 533 F.2d 217, 220 (5th Cir. 1976); United States v. Joyner, 539 F.2d 1162, 1165 (8th Cir.), Cert. denied, 429 U.S. 983 , 97 S.Ct. 499 , 50 L.Ed.2d 593 (1976); United States v. Riggs, 537 F.2d 1219, 1221 (4th Cir. 1976).
discussed Cited as authority (rule) United States v. Chansriharaj
S.D.N.Y. · 1978 · confidence medium
I find that the defendant’s remark was of the type referred to in United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir. 1976), which “arguably amounts to” or may indicate an intended “assertion of Miranda rights,” which should cause the investigator, at least temporarily, to cease questioning as to the crime and to “inquire of the suspect as to the correct interpretation of the statement.” Suzuki’s statement did not require termination of the interview.
cited Cited as authority (rule) United States v. Warwick Mason Wyatt
4th Cir. · 1977 · confidence medium
See Miranda v. Arizona, 384 U.S. 436, 473-474 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); United States v. Riggs, 537 F.2d 1219, at p. 1222 (4th Cir. 1976).
cited Cited as authority (rule) United States v. John Grady Turner
8th Cir. · 1977 · confidence medium
United States v. Riggs, 537 F.2d 1219, 1221 (4th Cir. 1976).
cited Cited "see" State v. Alston
N.J. · 2011 · signal: see · confidence high
See Wright, supra, 97 N.J. at 120 & n. 4, 477 A.2d 1265 (citing United States v. Riggs, 537 F. 2d 1219 (4th Cir.1976)).
cited Cited "see" Washington v. Murray
4th Cir. · 1991 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976).
cited Cited "see" Washington v. Murray
4th Cir. · 1991 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir.1976).
cited Cited "see" United States v. Billy Eugene Gossett, Jr., United States of America v. William Rector
11th Cir. · 1989 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219 (4th Cir.1976) (court read element of common law larceny into bank robbery statute, 18 U.S.C.A. §§ 2113 (b) and (f)).
cited Cited "see" Smith v. Commonwealth
Va. Ct. App. · 1988 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219 (4th Cir. 1976); cf. Smith v. Illinois, 469 U.S. 91, 96 (1984) (per curiam) (referring to the significance of prior statements).
cited Cited "see" State v. Larry
N.J. Super. Ct. App. Div. · 1986 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219, 1222 (4 Cir.1976); United States v. Chansriharaj, 446 F.Supp. 107, 108 (S.D.N.Y.1978).
cited Cited "see" State v. Dickens
N.J. Super. Ct. App. Div. · 1983 · signal: see · confidence high
See United States v. Riggs, 537 F.2d 1219, 1222 (4 Cir.1976); United States v. Chansriharaj, 446 F. Supp. 107, 108 (S.D.N.Y. 1978).
cited Cited "see" State v. Fussell
N.J. Super. Ct. App. Div. · 1980 · signal: see · confidence high
See United States v. Riggs, 537 F. 2d 1219, 1222 (4 Cir.1976); United States v. Chansriharaj, 446 F. Supp. 107, 108 (S.D.N.Y. 1978).
discussed Cited "see, e.g." Stills v. State
Tex. App. · 1987 · signal: see also · confidence medium
See also United States v. Riggs, 537 F.2d 1219, 1221 (4th Cir.1976); Ibanez v. State, supra (Davis, J., dissenting); Palafox v. State, supra at 177, 183-84 (Dally, J., dissenting); Mahavier v. State, 644 S.W.2d 129, 134-35 (Tex.App. — San Antonio 1982, no pet’n) (Cantu, J., concurring).
discussed Cited "see, e.g." State v. Fincher (2×)
N.C. · 1983 · signal: see also · confidence low
See also United States v. Riggs, 537 F. 2d 1219 (4th Cir. 1976).
discussed Cited "see, e.g." State v. Ayers
Me. · 1981 · signal: see, e.g. · confidence medium
See, e. g., United States v. Riggs, 537 F.2d 1219, 1222 (4th Cir. 1976); United States v. Nielsen, 392 F.2d 849, 853 (7th Cir. 1968); United States v. Chansriharaj, 446 F.Supp. 107, 109 (S.D.N.Y.1978); Taylor v. Riddle, 409 F.Supp. 631, 635-636 (W.D.Va.1976), aff’d 563 F.2d 133 (4th Cir. 1977), cert. denied, 434 U.S. 1020 , 98 S.Ct. 744 , 54 L.Ed.2d 768 (1978); Cf. Thompson v. Wainwright, 601 F.2d 768, 771-772 (5th Cir. 1979); but see Reeves v. State, 241 Ga. 44 , 243 S.E.2d 24 , cert. denied, 439 U.S. 854 , 99 S.Ct. 165 , 58 L.Ed.2d 160 (1978); State v. House, 54 Ohio St.2d 297 , 376 N.E.2d…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
George A. RIGGS, Appellant
75-1753.
Court of Appeals for the Fourth Circuit.
Jun 14, 1976.
537 F.2d 1219
Charles G. Bernstein, Baltimore, Md. [court-appointed counsel], for appellant., Marsha A. Ostrer, Asst. U. S. Atty., Baltimore, Md. (Jervis S. Finney, U. S. Atty. and Leonard M. Linton, Jr., Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.
Winter, Butzner, Field.
Cited by 51 opinions  |  Published
WINTER, Circuit Judge:

George A. Riggs appeals the district court’s affirmance of his conviction by a United States Magistrate of larceny of bank funds under $100 in violation of 18 U.S.C. § 2113(b) and (f). Riggs asserts as errors in his conviction: (1) that the crime requires proof of a specific intent to deprive the bank of property permanently, and that there was insufficient evidence to permit the trier of fact to find beyond a reasonable doubt that he possessed such an intent; (2) that his consent to a search of his wife’s car, in which the FBI found money which had been missing from the bank, was not voluntary under Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973), and that therefore the money should not have been admitted into evidence; and (3) that the FBI did not respect his assertion of his right under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), to cut off questioning, so that the confession he subsequently made was also inadmissible. We find no merit in any of these arguments and affirm.

I.

In United States v. Rogers, 289 F.2d 433 (4 Cir. 1961), we held that 18 U.S.C. § 2113(b) embodies the element of common law larceny that the defendant must have had the specific intent to deprive the true owner of his property permanently. Thus, to sustain the conviction here, we must find[*1221] evidence from which the trier of fact could have found beyond a reasonable doubt that Riggs had such an intent. Even though a person will ordinarily be deemed to have intended to do that which he did, the fact that Riggs took the money in the first place will not alone suffice; such an interpretation would read the specific intent requirement out of the crime.

It was Riggs’ contention that he intended to return the money to the bank, where he worked as a night janitor, but was prevented from doing so because of his apprehension by the FBI. Initially, Riggs asserts that the government is bound by an exculpatory statement to this effect in his confession. We disagree. The government does not vouch for the credibility of a statement by introducing it, United States v. Norman, 518 F.2d 1176 (4 Cir. 1975), and the exculpatory portion of Riggs’ confession was inherently incredible and could be disbelieved.

Viewed in the light most favorable to the government, the record contains sufficient evidence to show that Riggs intended permanently to deprive the bank of its money. Twenty-four hours after the money was taken, it had not been returned, but rather had been placed in Riggs’ wife’s car, presumably for the purpose of concealment. When the FBI contacted Riggs by telephone to arrange an interview, he made no mention of the money. At a subsequent FBI interview, after being informed of his Miranda rights, Riggs affirmatively denied any knowledge of the money. While Riggs argues that his silence during a custodial interrogation cannot be used to establish an element of the crime, citing United States v. Anderson, 162 U.S.App.D.C. 305, 498 F.2d 1038, 1040-44 (1974), aff’d, United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975), the telephonic conversation was not custodial, and in the interview Riggs did not remain silent. Thus, we deem the requisite specific intent sufficiently proved.

II.

During the course of his interrogation of Riggs, an FBI agent told Riggs he would ask him for a “release” to search his car, and then related how another individual whom the agent had interviewed at some previous time had confessed when confronted with a request for a “release,” since the stolen money had been hidden in the car. At this point, Riggs confessed, and led the agent to his wife’s car, where the money was found.

Riggs argues that his consent to the search was not voluntary under the totality of the circumstances test articulated in Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). We are not persuaded. The agent did little more than ask Riggs for his consent to search. Even if the agent’s further statements could be viewed as coercive with respect to a request to search Riggs’ car, the consent Riggs gave was consent to search his wife’s car. The fact that Riggs voluntarily led the FBI to the true hiding place of the money strongly suggests that his consent was the product of free and unrestrained choice.

III.

At the beginning of the FBI interview of Riggs, the FBI agent informed Riggs of the general nature of the crime being investigated and of his rights under Miranda. Riggs then made the following statement:

I don’t know anything about the $1,000; I didn’t take the money, and I have no information to furnish the FBI with regard to the money . . . . What happens now?

The agent then continued talking to Riggs. The agent interrogated him about his employment, his salary, and his debts. Riggs was asked to sign a release to enable the agent to get information about Riggs’ loans; Riggs agreed. When Riggs was asked to sign a release for the agent to search his vehicle, more conversation ensued in which the agent related his experience with another defendant to which we have referred, and eventually Riggs confessed. He contends that his confession was inadmissible because it was the product of continued interrogation after he asserted his right to have questioning cease.

[*1222] The opinion in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), deals with this point:

Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. Id. at 473, 86 S.Ct. at 1627.

While the Supreme Court has recently indicated that under some circumstances the police may again attempt to question a suspect who has asserted his Miranda right to remain silent, Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975), the special circumstances found relevant in Mosley do not exist here. Thus, if in fact Riggs indicated that he wished “to remain silent,” his confession, under Miranda, would have been inadmissible.

But we conclude that Miranda is inapplicable. On its face, Riggs’ statement that he had “no information to furnish to the FBI with regard to the money” is susceptible of two interpretations. It could be regarded as an attempt to cut off questioning under Miranda, as Riggs contends, especially since it came shortly after the defendant was informed of. his Miranda rights by the FBI. On the other hand, it could also be regarded as a mere declaration of ignorance not precluding further cooperation with the investigation, as the government contends. The magistrate and the district court both necessarily concluded that under all of the circumstances of this case the latter interpretation was more plausible. This conclusion is a finding of fact to which we think the not clearly erroneous rule is applicable, and we cannot say that the lower courts’ resolution of this issue was clearly erroneous. Therefore, we conclude that Riggs’ confession was not taken in violation of his fifth amendment right to remain silent, and was properly considered against him.

We add a note of caution. In a case such as this, where a suspect makes a statement which arguably amounts to an assertion of his Miranda rights and the interrogating agent recognizes that the statement is susceptible of that construction, * his questioning with regard to the crime he is investigating should immediately cease and he should then inquire of the suspect as to the correct interpretation of the statement. Only if the suspect makes clear that he is not invoking his Miranda rights should substantive questioning be resumed. Such a practice could well save the government’s case and the admissibility of the suspect’s statement where a suspect’s ambiguous statement might well be interpreted to be an assertion of Miranda rights.

AFFIRMED.

*

We do not foreclose the possibility that, in the instant case, Riggs’ statement, “I have no information to furnish the FBI with regard to the money” was said with such intonation that, in its context, the agent reasonably understood it to be a denial of guilt rather than an assertion of the right to remain silent. Indeed, from the cold record, we would so understand it.