U.S. v. Brown

In prosecution on charge of felon in possession of firearm, Dist. Ct. did not err in denying defendant's motion to suppress certain inculpatory statements made after defendant had answered police question at start of first interview as to whether he understood his Miranda rights by slightly nodding his head and making dismissive noise from his mouth. While defendant argued that his nod and noise did not establish valid waiver of Miranda rights, record showed that defendant understood and waived said rights where: (1) defendant's nod and vocalization indicated understanding of his rights; (2) defendant subsequently indicated at second interview that he understood his Miranda rights; (3) defendant had substantial experience with criminal justice system and answered certain questions during first interview with expectation of making deal with police; and (4) defendant's failure to answer all of police's questions indicated that he was aware of his right to remain silent.