Anthony Mossow

CASE BRIEF FORMAT

Case Name and Citation: DAVIS v. UNITED STATES, ____ U.S. _____ (1994)

Court Issuing the Decision: U.S. Supreme Court

Statement of Facts: On October 2, 1988, Davis (petitioner) was playing pool at the Charleston Naval Base where he had made a $30 bet with fellow sailor Keith Shackleford. The end of the night came around and Shackleford refused to pay up his lost bet with Davis. The club closed and Shackleford was found the next morning behind the kitchen area of the base, dead. The cause of death appeared to be from blunt trauma caused by a pool cue. The investigation into Shackleford’s death, which was led by Naval Investigative Service or the NIS, eventually led to Davis. It was found that only privately owned pool cues were allowed to leave the pool hall and it just so happened that Davis owned two pool cues, one of which was discovered to be bloody. On November 4, 1988, Davis was brought in for questioning; he was read his Miranda Rights and waived them both orally and in writing. “About an hour and a half into the interview, Davis said “maybe I should talk to a lawyer” (Davis v. United States, ____ U.S. ____ (1994), 1994). The investigators made it clear they didn’t want to …show more content…
There would also be too much of a risk that there may be a request for an attorney but the questioning continues and all statements and evidence gathered from that interrogation would then be suppressed. So it is held that there must be a clear request for counsel that is understandable by a reasonable police officer, if there is any gray area, it will be deemed that there wasn’t a request for counsel. (Davis v. United States, ____ U.S. ____ (1994),