United States v. Bhatt

160 F. Supp. 3d 1359, 2016 U.S. Dist. LEXIS 15493, 2016 WL 491744
CourtDistrict Court, N.D. Georgia
DecidedFebruary 9, 2016
DocketCIVIL ACTION NO. 1:14-CR-313-AT
StatusPublished

This text of 160 F. Supp. 3d 1359 (United States v. Bhatt) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bhatt, 160 F. Supp. 3d 1359, 2016 U.S. Dist. LEXIS 15493, 2016 WL 491744 (N.D. Ga. 2016).

Opinion

[1361]*1361ORDER

Amy Totenberg, United States District Judge

Presently before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”) [Doc. 40] recommending the denial of Defendant’s Motion to Suppress Statements [Docs. 11, 30].1 The Defendant has filed objections to the Magistrate Judge’s R&R that challenge the Magistrate Judge’s mixed factual and legal findings that Defendant Varun Bhatt was not subject to coercion and de-facto arrest by the team of government agents2 investigating his offense conduct, and that the statements he provided to government agents was voluntarily provided. [Doc. 42.]

A district judge has broad discretion to accept, reject, or modify a magistrate judge’s proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 680, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980). Pursuant to 28 U.S.C. § 636(b)(1), the Court reviews any portion of the R&R that is the subject of a proper objection on a de novo basis and any non-objected portion on a “clearly erroneous” standard. As the Defendant objected on numerous substantive grounds to the Magistrate Judge’s Report and Recommendation in a well argued brief, the Court has reviewed the record and pending motions in this case on a de novo basis

After an independent de novo review of the record, the Court finds that the Magistrate Judge’s thorough factual and legal analysis in the R&R and recommendation that Defendant’s motion be denied is correct.3 That said, the Court must express its strong concern that the search and interrogation methods used in this case barely fall within the borders of what is legally acceptable, particularly with respect to the voluntariness of the Defendant’s statements.

Twelve to thirteen agents armed in tactical gear arrived at Defendant Bhatt’s doorstep at the crack of dawn, with some agents displaying their weapons, to conduct an investigatory search and related interrogations. Defendant and his family members were asleep when the law enforcement team arrived at their doorstep and began loudly knocking on the door. (Doc. 29 at 11.) They clearly were implementing a “shock and awe” strategy to obtain the maximum information feasible in connection with an investigatory search. The Defendant and his father were handcuffed at the onset of the search for ten to fifteen minutes while their wives stood by outside4 and the house was cleared. In the words of Agent Ford, Defendant’s wife and [1362]*1362mother stood outside “very confused .... a little agitated.... surprised in general that we were there and scared for the children that were still in the house.” (Id. at 58.) Both Defendant and his father were solely wearing boxers, because they had just been woken from sleep. Within 27 minutes of the agents knocking on the door, they proceeded to interrogate Defendant and his father separately, without providing them an opportunity to clothe. The interview of Defendant took place on the house porch and lasted all told almost three hours, including two short breaks. The entire search and interrogation process lasted almost four hours. The agents never told Mr. Bhatt that he was free to leave the home and choose not to be interviewed. They never told him they could accompany him to his bedroom so he could properly clothe himself.5 The agents tag teamed Bhatt’s interrogation by adding the lead investigator, Mr. Ashley, to the two-person interrogation team for the last segment of the interrogation that lasted approximately 50 minutes. As soon as Agent Ashley began this last interrogation segment, he tackled the relative lack of progress in the other agents’ interview of Mr. Bhatt and efforts to obtain a full confession. Thus, he repeatedly urged to Bhatt to provide full disclosure and stated that cooperation would be to his benefit in obtaining favorable treatment from the U.S. Attorney’s office. Further, he advised Bhatt that if he failed to cooperate, that Ashley would tell the U.S. Attorney of his lack of cooperation and that this would impact the decision to prosecute and how to handle the ease. (Doc. 45-1 at 82-96.) Agent Ashley also stated that he would be giving Bhatt the only opportunity he would have to communicate with the judge in the case early on via transmission of a letter because Bhatt would not have such an opportunity until he later saw the judge face to face in open court. (Id. at 82-83.) Agent Ashley assured Bhatt that he could give him the opportunity to write a letter to the judge right then, expressing remorse that would be helpful to his position. After Ashley had proceeded down this line of representations for at least several minutes, Bhatt finally said told Agent Ashley he wanted “to help.” (Id. at 83, 96.)

Among the cases relied upon by the Magistrate Judge where no Miranda warning was provided, United States v. Peck, 17 F.Supp.3d 1345 (N.D.Ga.2014) (decided by the undersigned judge) is closest to the factual circumstances presented in this case. (See R&R, Doc. 40, at 20-21.) First, the defendants in both cases were told they were not under arrest and were interviewed regarding child pornography offenses at their homes. Although Peck involved many additional similar facts — including the initiation of the search warrant with a large team of agents and the agents’ interview of the defendant while in night clothes — there are some notable distinctions between the cases. Peck was wearing a bathrobe over his underwear, rather his underwear only. While Peck’s hands were pulled behind his back, he never was placed in handcuffs as Bhatt was. The agents in Peck told the defendant multiple times he was free to leave, and their interview of Peck lasted only 43 minutes, as opposed to the 2 hours and 45 minutes in this case. Finally, the agents did not proceed to arrest Peck, while the agents here concluded the search and interview process with a decision to pursue Defendant’s arrest, which occurred later [1363]*1363that day. Still, as in Peck, the agents in the instant case conducted the interview in an entirely civil and professional tone of voice, they did not make any threats of violence or engage in such acts,6 and no guns were drawn after the initial execution of the search warrant at the front door.

The question the Court focuses on here is whether the additional circumstances involved in this case render Bhatt’s interview involuntary.7 Voluntariness of statements is analyzed similarly to voluntariness of the Miranda waiver. As summarized by the Eleventh Circuit,

The focus of the voluntariness inquiry is on whether the defendant was coerced by the government into making the statement: “The relinquishment of the right must have been voluntary in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion or deception.” Colorado v. Connelly, 479 U.S. 157, 170, 107 S.Ct. 515, 523, 93 L.Ed.2d 473 (1986) (citation omitted). The district court must consider the totality of the circumstances in assessing whether police conduct was “causally related” to the confession. Miller [v. Dugger],

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Bluebook (online)
160 F. Supp. 3d 1359, 2016 U.S. Dist. LEXIS 15493, 2016 WL 491744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bhatt-gand-2016.