Decision here from the Second Circuit. Blawg commentary here, here, here. Excerpts:
Tayfun Okatan was convicted in the United States District Court for the Northern District of New York (Mae A. D’Agostino,J.) of three counts relating to illegally bringing an alien into the United States. He raises a number of arguments on appeal, most of which we reject in a separate summary order filed along with this opinion. This opinion addresses Okatan’s challenge to the government’s use of evidence that Okatan asked to speak to a lawyer during an interrogation by a border patrol agent prior to his arrest. We conclude that use of this evidence in the government’s case in chief violated Okatan’s rights under the Fifth Amendment. We also conclude that the error was not harmless beyond a reasonable doubt.