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U.S. v. Miller

Probable Cause Existed for Arrest But Pre-'Miranda' Statement About Gun Is Suppressed

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MEMORANDUM & ORDER

*1  Defendant Clyde Miller is charged in a one-count indictment with being a felon in possession of a firearm, in violation of 18 U.S.C. §922(g)(1). (Compl. 1, Docket Entry No. 1.) On September 21, 2017, Defendant moved to suppress physical evidence and statements obtained by law enforcement officers after a search of his person on April 17, 2017. (Def. Mot. to Suppress (“Def. Mot.”), Docket Entry No. 11.) The Court held a suppression hearing on October 20, 2017. (Minute Entry dated October 20, 2017; Tr. 1.) At the hearing, after considering testimony from Special Agents James Lee, Richard Demurjian, and Ian Neckin as to the circumstances of the arrest, the Court determined that there was probable cause to arrest Defendant. (Tr. 157:2-12.) However, the Court granted Defendant leave to brief additional arguments explaining why the supervisory officer who authorized the arrest should be required to testify. (Id. at 157:23-158:6.) Having reviewed the additional submissions, and for the reasons stated below, the Court adheres to its ruling on the record at the hearing that there was probable cause to arrest Defendant but suppresses the statement made by Defendant prior to receiving Miranda warnings.*2

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