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United States of America v. Thomas L. Swanson

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ARGUED JANUARY 7, 2011

Before MANION and WILLIAMS, Circuit Judges, and CLEVERT, District Judge.*fn1

In 2009, an arrest warrant was issued for Thomas Swanson. It was based on his 2008 possession of a firearm without a valid Firearm Owner’s Identification card, which is a violation of Illinois state law. At the time of his arrest, the police presented Swanson with a state court order to turn over all guns in his possession to them as a condition of bond. A police officer also asked him three times to comply with the turn-over order. The arresting officers did not give Swanson notice of his federal constitutional right not to incriminate himself. Approximately forty-five minutes after Swanson’s arrest, while he was being held in custody in an interrogation room of a police station, he said that he wanted to comply with the court turn-over order, and admitted that he had a gun hidden under the back seat of his car. As an officer retrieved the gun, another officer gave Swanson his Miranda warnings. Swanson then submitted to a written question-and-answer interview where he again admitted possession of a gun.

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