Motion to Suppress Statements Denied

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7^th Circuit Court of Appeals

Case Name: United States of America v. Matthew Higgins-Vogt

Case No.: 18-1528

Officials: WOOD, Chief Judge, and SYKES and SCUDDER, Circuit Judges.

Focus: Motion to Suppress Statements Denied

Concerned that the getaway driver to his armed robbery would provide information to the police, Matthew Higgins-Vogt shot the driver multiple times in a wooded area near the Sangamon River in Decatur, Illinois. He later confessed to the murder while detained in the Macon County jail awaiting trial on the robbery charge. Higgins-Vogt appeals the district court’s denial of his motion to suppress his statements, challenging their voluntariness. We agree with the district court that Higgins Vogt’s statements to law enforcement were entirely voluntary and therefore affirm.

In doing so we sound our strong disapproval of the role a particular individual, who portrayed herself as a mental health counselor, was permitted to play within the Macon County jail. The individual was not a licensed mental health professional, met multiple times with Higgins-Vogt, and pledged him her confidentiality, only then to urge him to talk to the police after hearing his confession to the murder. What occurred has all the earmarks of a bait and switch of extraordinary gravity and potential consequence for Higgins-Vogt. We affirm because it is clear that Higgins Vogt, separate and apart from his statements to and interactions with the purported counselor, affirmatively and voluntarily chose to confess to the murder.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Derek oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.