U.S. v. Wysinger

In prosecution on drug distribution charges, Dist. Ct. erred in admitting defendant’s video-tapped statement containing inculpatory evidence made at police station after his arrest where Ct. of Appeals found that police gave inadequate Miranda warning that erroneously suggested that defendant had to choose between having lawyer present before police questioning or during said questioning, and where police used various tactics to both confuse defendant as to start of police questioning and to divert him from exercising right to counsel. Moreover, error was not harmless where majority of evidence against defendant came from cooperating co-conspirators who had strong motives to lie and cast blame away from themselves.