Open Case Memo: Commonwealth of Pennsylvania v. Andrew Brown

Open Case Memo: Commonwealth of Pennsylvania v. Andrew Brown
QUESTIONS PRESENTED
Did Mr. Brown invoke his right to counsel? What facts might be important? What is the legal standard?
Even if he did not invoke his right, were his statements voluntary?
SHORT ANSWER
No, Mr. Brown did not invoke his right to counsel. The Miranda Law rights can only be applicable when there is sufficient and provable claim from the suspect not to speak without counsel. Brown did not make any claim that he wanted counsel to represent him. The most important legally sufficient facts were when he was being interrogated by the officers, he never claimed to speak before a counsel. This was after the officers disclosed his Miranda rights. Therefore, Mr. Brown did not invoke his right to speak before a counsel.
Although Brown did not invoke his right to counsel, his remarks were never made voluntarily. The officers pressured and threatened him to speak about the case. He was questioned for more than 4 hours and was never given any breaks. From the testimony he gave to his counsel, there was clear proof that the client was never sober. Even the officer testified that he had strains of alcohol at the time of questioning. The officer was also angry during the questioning time. Therefore, Brown's statements were never voluntary. He spoke out of coercion and pressure.
Summary of Relevant Facts
Affidavit
On September 6th, 2020, an officer who was on patrol using official patrol care in downtown Nittany College, Pennsylvania, received a report of a college-aged man who was assaulted at the Nittany Lion Bar that left another man unconscious. Andrew was the primary suspect for the assault. He was described as wearing a red, short-sleeved shirt, blue jeans, black shoes and was seen fleeing along Beaver Avenue near Pugh Street. The officer saw him fleeing and was still wearing a red shirt and blue jeans. When they made eye contact with the officer, Brown started to flee away from the officer. While he was fleeing, the officer pursued him on foot and executed a fleeting suspect's tactical takedown. Brown was taken to the Nittany College Police Station for questioning. He was advised on his Miranda Rights and agreed to respond to all questions. The suspect admitted that he had punched another man in the head with a closed fist at the Nittany Lion Bar after the victim referred to him using profane language. Andrew was charged with the crime of Simple Assault.
Commonwealth of Pennsylvania v Andrew Brown
Judge Ferrous heard the case on September 21st, 2020. The district attorney for the Commonwealth, Maria Robins (DA Robins), represented the plaintiff. On the other hand, Gopal Balanchandran, the Defense Counsel, represented the defendant. The judge called for DA Robins to call the first witness. Officer Hammer was called to tell the court about the events of September 6th, 2020. He confessed that he was on a routine patrol in the State College area when he was called and informed about the fight the occurred in Nittany Lion Bar. He learned from an officer on the scene that Evan Poor, the victim, had been knocked unconscious and got reports that a man was running away from the bar wearing a red short-sleeve shirt, blue jeans, and black shoes. He disclo...