Defendant was questioned in Trinidad by the FBI for the hostage taking of a U.S. citizen there. He was not in custody for Miranda purposes. He came in as a witness and was getting money from the Trinidad Witness Protection Programme when the investigation turned to him. United States v. Suchit, 2007 U.S. Dist. LEXIS 18148 (D. D.C. March 15, 2007).
Applying these standards, the Court finds that the evidence readily establishes that defendant was not “in custody” at the time of either interview with Special Agent Clauss. The day before the October 4, 2005 interview, Suchit indicated to Neermal that he was eager to meet with the FBI–conduct that was consistent with his decision to meet twice with Constable Forbes only days earlier. Suchit was clearly aware of and interested in the Trinidad and U.S. reward money, and offered his knowledge of the Maharaj abduction based on that financial interest. He expressed strong interest in the reward money in his talks with Neermal and on multiple occasions with Special Agent Clauss. During the interview, Suchit was not restrained in any manner, and appeared calm, relaxed, and eager to provide information. After the interview was done, the Trinidad police drove him to his home. All of these circumstances indicate a consensual meeting, rather than the functional equivalent of an arrest.
Defendant contends that custody should nonetheless be found, based on the actions of the Trinidad police–that is, the use of handcuffs when the police arrived at Suchit’s house the day before the interview and the length of time defendant spent at the Trinidad police station–roughly, 30 to 36 hours. Assuming arguendo that the FBI can be held accountable for the actions of the Trinidad police, n22 the Court finds that these circumstances do not establish that Suchit was in custody. As to the cuffing, defendant clearly feared that public disclosure of his cooperation could result in harm to his family, and would take efforts to hide his cooperation. Thus, when Forbes arrived at Suchit’s home the morning of October 3, it is more likely than not that he placed Suchit in handcuffs to create the appearance that Suchit was under arrest, much like the January 2006 fake arrest at the Arouca police station in front of Doreen Alexander.
A false arrest claim is not cognizable as Fourth Amendment claim. Venable v. Hulse, 2007 U.S. Dist. LEXIS 18138 (C.D. Ill. March 15, 2007):
The defendants also maintain that the plaintiff has failed to state a violation of his Fourth Amendment rights based on false arrest. The defendants argue the plaintiff cannot demonstrate any injury because if his Fourth Amendment rights were violated, the injury would occur at the time of the plaintiff’s arrest. “[A]n individual is entitled to recover only for injuries suffered from the time of arrest until his arraignment.” Wallace v City of Chicago, 440 F.3d 421 (7th Cir. 2006). “[T]he interest in not being prosecuted groundlessly is not an interest that the Fourth Amendment protects.” Gauger v Hendle, 349 F.3d 354, 363 (7th Cir. 2003).
Plaintiffs failed to overcome officers’ qualified immunity defense where the officers noticed the address on the warrant was wrong and called for guidance from the prosecutor who told them they could execute it because the property was otherwise properly “described as a white single dwelling with a grey shingled roof and red brick base with a partial screened in porch facing north on the south east corner of the intersection of Fifth and South Street.” Holloway v. City of Hot Springs, Arkansas, 2007 U.S. Dist. LEXIS 18071 (W.D. Ark. March 14, 2007).
Notice pleading is not sufficient when the defendant believes he would have an apparent qualified immunity defense. Therefore, a motion for a more definite statement of an alleged unlawful search claim was required to enable the defendant to plead intelligently. Mann v. Brenner, 2007 U.S. Dist. LEXIS 18178 (M.D. Pa. March 13, 2007):
However, while Plaintiff’s complaint may afford Defendant Wentz the notice required under Rule 8 of the Federal Rules of Civil Procedure, it does not contain the factual allegations necessary for him to assert a qualified immunity defense by, for example, demonstrating that his actions were reasonable under the circumstances. “[T]o provide government officials the protections afforded by qualified immunity,” the Third Circuit has directed that a “district court must avail itself of the procedures available under the Federal Rules to facilitate an early resolution of the qualified immunity issue.” Thomas v. Independence Twp., 463 F.3d 285, 289, 300 (3d Cir. 2006). Where a complaint does not lend itself to a meaningful qualified immunity analysis, it is within a district court’s authority to order the plaintiff produce a more definite statement pursuant to Rule 12(e) of the Federal Rules of Civil Procedure. Id. at 289, 301; Fed. R. Civ. P. 12(e) (a more definite statement is appropriate where “a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading”). Because Plaintiff’s complaint fails to provide sufficient factual information about the search and seizure allegedly committed by Defendant Wentz, Plaintiff will be instructed to file an amended complaint containing a more definite statement. In crafting his more definite statement, Plaintiff should address–in specific, non-conclusory factual allegations–the circumstances known to him surrounding the allegedly unlawful search and seizure.
Inevitable discovery supported seizure of guns hidden in defendant’s unfinished basement despite defendant’s statements allegedly in violation of Miranda. United States v. Domenico, 2007 U.S. Dist. LEXIS 17938 (D. Mont. March 6, 2007):
Officer Juhnke had already made the decision to search Domenico’s residence for the firearms when he visited with Domenico at the Gallatin County Detention Center. He and Officer Evans were in fact on their way to conduct the search, stopping on the way to advise Domenico of their plan and to ask him how best to gain entry to the residence. The officers found the firearms precisely where Davis said they would be–behind insulation and between the studs in an unfinished room in the basement. Based on the foregoing credible testimony, this Court concludes the Government has met its burden of establishing by a preponderance of the evidence that the officers inevitably would have found the firearms, regardless of Domenico’s illegally obtained statements. Evidence of the firearms is thus admissible under the inevitable discovery doctrine, and Domenico’s motion to suppress should be denied.
In so concluding, this Court has accepted the credible testimony of Officers Juhnke and Evans over Davis’s contradictory testimony. Even if this Court were to accept Davis’s testimony in its entirety, however, Domenico’s motion to suppress would nevertheless fail. Davis agreed that she spoke with Officer Juhnke about the location of Domenico’s firearms, but denied telling him they were located behind insulation and between the studs in an unfinished room in the basement. She instead testified somewhat confusingly that she told him they were “under the stairs” in the “mechanical room,” which she conceded is in the basement. Although the officers found the firearms in this so-called “mechanical room,” it is Domenico’s position that the officers would not have found the weapons without the information he provided at the jail. Domenico argues the weapons were not found “under the stairs,” and claims the officers would not have known to look, or even been entitled to look, behind the insulation when conducting their search.
