Second Circuit -- United States v. Plugh

United States v. Plugh

Held :  Post - Berghuis, refusal to sign a waiver of rights form is not an unambiguous invocation of Miranda rights - given the change in the law, gov't can use the statements.

BUT - Court cuts some leeway by reiterating that ultimately, waiver must be knowing and voluntary - as the dude ultimately signed the form, the statements are in.