Legal Environment of Business
and Cyber Crimes
Fellers v. United States
540 U.S. 519, 124 S.Ct. 1019, 157 L.Ed.2d 1016, 72 USLW 4150, 4 Cal. Daily
Op. Serv. 637, 2004 Daily Journal D.A.R. 811, 17 Fla. L. Weekly Fed. S 123
Supreme Court of the United States
John J. FELLERS, Petitioner,
Argued Dec. 10, 2003.
Decided Jan. 26, 2004.
delivered the opinion of the Court.
After a grand jury indicted petitioner John J. Fellers, police officers arrested him at his home. During
the course of the arrest, petitioner made several inculpatory statements. He argued that the officers
deliberately elicited these statements from him outside the presence of counsel, and that the admission
at trial of the fruits of those statements therefore violated his Sixth Amendment right to counsel.
Petitioner contends that in rejecting this argument, the Court of Appeals for the Eighth Circuit
improperly held that the Sixth Amendment right to counsel was "not applicable" because "the officers
did not interrogate [petitioner] at his home."
285 F.3d 721, 724 (2002)
. We granted the petition for a
writ of certiorari,
538 U.S. 905, 123 S.Ct. 1480, 155 L.Ed.2d 224 (2003)
, and now reverse.
On February 24, 2000, after a grand jury indicted petitioner for conspiracy to distribute
methamphetamine, Lincoln Police Sergeant Michael Garnett and Lancaster County Deputy Sheriff Jeff
Bliemeister went to petitioner's home in Lincoln, Nebraska, to arrest him. App. 111. The officers
knocked on petitioner's door and, when petitioner answered, identified themselves and asked if they
could come in.
Petitioner invited the officers into his living room.
The officers advised
petitioner they had come to discuss his involvement in methamphetamine distribution.
They informed petitioner that they had a federal warrant for his arrest and that a grand jury had