U.S. v. Campbell

Defendant appealed from the district court’s denial of his motion to suppress evidence of child pornography found by his parole officers during an unannounced parole check. Defendant argued that the incriminating statements that led to the evidence being discovered could not be used against him because both the language of his parole agreement and the officers’ failure to issue Miranda warnings led to violations of his Fifth Amendment rights. The Seventh Circuit affirmed, explaining that because defendant’s parole agreement did not threaten to penalize him for asserting his Fifth Amendments rights and because defendant was not in custody at the time he revealed the incrimination information, he was required to affirmatively assert his rights under the Fifth Amendment in order to invoke the benefits of its protection. (HAMILTON and JACKSON-AKIWUMI, concurring)