UNITED STATES v. MURPHY

Nos. 84-5296, 84-5297.

763 F.2d 202 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. David MURPHY, Rene Stauffer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1985.


Attorney(s) appearing for the Case

William Oldfield, Cobb & Oldfield, Court appointed, David Davidson (argued), Covington, Ky., for R. Stauffer.

Louis DeFalaise, U.S. Atty., James E. Arehart (argued), Lexington, Ky., for plaintiff-appellee.

James Cobb, Cobb & Oldfield, Court appointed, David Davidson (argued), Covington, Ky., for D. Murphy.

Before ENGEL and KENNEDY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


ENGEL, Circuit Judge.

The primary issue in this criminal appeal concerns the voluntariness of inculpatory statements made by one of the defendants while he was being apprehended by an attacking police dog. We must decide whether these statements should have been excluded from evidence at trial even though they were made in the complete absence of any police misconduct or interrogation.1

We conclude that the statements should have...

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