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132317P.pdf   08/08/2014  Michael Dowell  v.  Lincoln County, Missouri
   U.S. Court of Appeals Case No:  13-2317
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Bye, Author, with Chief Judge Riley and Kelly, Circuit Judges] Civil Case - civil rights. Following interrogation, arrest, and acquittal of murder charges and dismissal of rape charges, grant of summary judgment in favor of officers in civil rights action alleging Fourth, Fifth and Sixth Amendment violations is affirmed. Circumstances during pre-Miranda-warning van ride to station do not show statements made were anything but voluntary. Dowell failed to show atmosphere during interrogation post-Mirranda warnings were so intimidating or coercive so as to compel him to be untruthful. Because no statements made by Dowell without counsel were presented at trial, district court did not err in granting summary judgment on Sixth Amendment claim. Dowell's Fourth Amendment claim failed because even with the omitted facts in the probable cause statement, probable cause existed.