Nicholas Roske, the man accused of attempting to assassinate Supreme Court Justice Brett Kavanaugh in 2022, is seeking to suppress statements he made to investigators, claiming they were obtained through warrantless searches and seizures that violated his constitutional rights.
On June 8, 2022, Roske contacted 911 near Justice Kavanaugh’s Maryland home, stating he was experiencing suicidal and homicidal thoughts and required psychiatric help. His sister, whom he had texted that he loved her, had also urged him to contact law enforcement.
According to court records, when a Maryland police officer arrived, Roske was questioned without being read his Miranda rights. While his rights were later given to him at the police station, Roske’s attorneys claim he was not in the mental state to voluntarily and knowingly waive those rights, per the Washington Times.
“While federal agents advised Mr. Roske of his rights and obtained his signature on a rights-waiver form, this waiver was not made voluntarily and intelligently. At the time, Mr. Roske was acutely suicidal, visibly exhausted, and had repeatedly expressed his need for psychiatric care,” the filing said.
Roske’s legal team also claims that searches of his pockets and belongings violated his Fourth Amendment rights. During the 911 call, the dispatcher advised him to set his bag, which contained a firearm, away from him. He complied, placing the bag roughly 20 yards away and informing officers about its contents. However, Roske contends that subsequent searches of his possessions were conducted without a warrant and are therefore a violation of his rights.
Roske’s trial is scheduled for June 9, nearly three years after his arrest. His legal team failed to secure a plea deal, and he has entered a plea of not guilty. If convicted, he faces life imprisonment.
The incident occurred shortly after the leak of a draft Supreme Court opinion indicating the justices were poised to overturn Roe v. Wade. Court documents suggest Roske’s actions were motivated by the court’s decision.
