United States v. Bullins

880 F. Supp. 76, 1995 U.S. Dist. LEXIS 2725, 1995 WL 127186
CourtDistrict Court, D. New Hampshire
DecidedMarch 1, 1995
DocketCrim. No. 94-58-01-M
StatusPublished
Cited by3 cases

This text of 880 F. Supp. 76 (United States v. Bullins) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bullins, 880 F. Supp. 76, 1995 U.S. Dist. LEXIS 2725, 1995 WL 127186 (D.N.H. 1995).

Opinion

ORDER ON DEFENDANT’S MOTION TO SUPPRESS

McAULIFFE, District Judge.

On July 14, 1994, a federal grand jury returned a one-count indictment against defendant, Darrel Bullins, charging him with unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Before the court are defendant’s motions to suppress, by which defendant seeks to exclude evidence of certain statements he made to law enforcement officers while they executed a search warrant at defendant’s home. Defendant also moves the court to suppress all items seized from his residence as a result of that search.

I. Background.

After receiving information that defendant, a convicted felon, was in possession of a .25 caliber semi-automatic pistol and a .22 caliber semi-automatic pistol, Special Agent Yerring-ton of the Bureau of Alcohol, Tobacco and Firearms sought and obtained a warrant to search defendant’s home. On the day the search was to be conducted local law enforcement officers kept defendant under observation. Defendant was in his ear with his wife on a personal errand when a local officer intercepted them. The officer notified him of the search warrant, and requested that he return to his home. Defendant complied with the request and voluntarily returned. Agent Yerrington was waiting at his home with several other federal and state officers.

Agent Yerrington advised defendant that he was not under arrest, and asked defendant to open the door so the warrant could be executed. Again defendant complied and went into the apartment with the officers. Defendant was separated from his wife, who was kept outside under watch by Special Agent Coughlin. Once inside, Agent Yer-rington told defendant that he wanted to ask a few questions. Defendant testified that he responded to Agent Yerrington’s questions because: (i) he did not believe that he had the option of walking away; and (ii) he did not want to be taken to Concord (about an hour away) for questioning.1

While the officers searched his apartment, defendant was directed to remain seated at his kitchen table. While there, he spoke with Agent Yerrington and responded to the agent’s questions. Although some of the questions posed were seemingly innocuous, others were of the type intended and likely to illicit incriminating statements regarding defendant’s prior criminal history, the origins of the weapons at issue, and defendant’s actual possession and use of them. Defendant’s responses included a number of incriminating statements.

Although he was neither handcuffed nor formally placed under arrest at any time, [78]*78defendant was not free as a practical matter to either leave or move about his home while the search was under way. Had defendant attempted to leave or move about, Agent Yerrington testified that he would have been restrained or taken outside and placed under guard.2

Four or five agents, who were armed and dressed in raid jackets, carried out the search. During the course of the search, defendant’s wife, who was kept outside, informed Agent Coughlin that the firearms they sought were located in her purse, in the couple’s ear. Agent Coughlin went inside and, in the defendant’s presence, informed Agent Yerrington of that revelation. The agents then asked for and received defendant’s oral and written permission to search the car, where they recovered the weapons. The search of defendant’s home and car lasted approximately one hour. The agents then left defendant’s residence. Defendant was not placed under arrest at that time and was then free to go about his business.

II. Discussion.

A. Statements Made by Defendant.

Defendant moves to suppress all of the statements he made to law enforcement agents on September 20, 1993, arguing that they were the product of “custodial interrogation,” not preceded by an informed or valid waiver of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). An interview is “custodial” if a reasonable person in the defendant’s position would believe that he or she was deprived of freedom of action in any significant way. Miranda, 384 U.S. at 444, 86 S.Ct. at 1612. “Although the circumstances of each case must certainly influence a determination of whether a suspect is ‘in custody’ for purposes of receiving Miranda protection, the ultimate inquiry is simply whether there is a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” California v. Beheler, 463 U.S. 1121, 1126, 103 S.Ct. 3617, 3520, 77 L.Ed.2d 1275 (1983) (quoting Oregon v. Mathiason, 429 U.S. 492, 495, 97 S.Ct. 711, 714, 50 L.Ed.2d 714 (1977)). In that regard, the Court of Appeals for the First Circuit has instructed district courts to determine:

whether there was a manifestation of a significant deprivation of or restraint on the suspect’s freedom of movement, taking into account such factors as “whether the suspect was questioned in familiar or at least neutral surroundings, the number of law enforcement officers present at the scene, the degree of physical restraint placed upon the suspect, and the duration and character of the interrogation.”

United States v. Lanni, 951 F.2d 440, 442 (1st Cir.1991) (citations omitted).

Here, as in Lanni, supra, the facts of the ease place it somewhere in the gray area between a plainly custodial and plainly noncustodial interrogation. On balance, however, the circumstances here counsel persuasively in favor of suppressing defendant’s statements. In support of its ruling, the court relies primarily upon the following findings: (i) defendant was not at liberty to move about the house or to leave during the course of the search; (ii) he was separated from his wife, who was sequestered outside under the watch of another agent; (iii) he was required to remain seated at his kitchen table, under the watch and control of one of the agents while others searched; (iv) although defendant was questioned in the familiar sur[79]*79roundings of his home, the presence of numerous armed law enforcement officials created an atmosphere that was at least intimidating and probably coercive; (v) defendant’s subjective belief that he was not free to go was objectively reasonable — a reasonable person placed in defendant’s position would have believed that he or she was hardly free to leave, and was under the control of law enforcement; and (vi) the questions asked evidenced a calculated effort to interrogate the defendant for the purpose of successfully eliciting unwarned incriminating statements by maintaining a level of custody sufficient to intimidate but insufficient to trigger Miranda. The effort failed.

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Bluebook (online)
880 F. Supp. 76, 1995 U.S. Dist. LEXIS 2725, 1995 WL 127186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bullins-nhd-1995.