United States v. Cordier

224 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 173985, 2016 WL 7339906
CourtDistrict Court, D. South Dakota
DecidedDecember 16, 2016
Docket3:16-CR-30068-RAL
StatusPublished
Cited by2 cases

This text of 224 F. Supp. 3d 835 (United States v. Cordier) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cordier, 224 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 173985, 2016 WL 7339906 (D.S.D. 2016).

Opinion

OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATION AND GRANTING IN PART MOTION TO SUPPRESS

ROBERTO A. LANGE, UNITED STATES DISTRICT JUDGE

Joseph Cordier moved to suppress statements he made to a law enforcement officer, arguing that the officer violated Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) and that his statements were involuntary under the Fifth Amendment. The magistrate judge issued a report and recommendation recommending denying Cordier’s motion, and Cordier has now objected to that recommendation. For the reasons explained below, this Court concludes that Cordier’s statements are inadmissible in the government’s case-in-chief but agrees with the magistrate judge that the statements were voluntary.

I. Facts

In November 2014, an FBI special agent interviewed Cordier at the jail in Winner, South Dakota about Cordier’s alleged sexual abuse of D.F., the minor daughter of Cordier’s ex-girlfriend. Before asking Cor-dier any questions, the FBI agent advised Cordier of his Miranda rights using an adviee-of-rights form. That form read in part:

Before we ask you any questions, you must understand your rights. You have the right to remain silent.
Anything you say can be used against you in court.
You have the right to talk to a lawyer for advice before we ask you any questions.
You have the right to have a lawyer with you during questioning.
If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.
If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.

Ex. 5. The FBI agent read the form aloud, pausing after each line to ask Cordier whether he understood the right being explained. Ex. 1 at 02:05-03:23. Each time, Cordier confirmed that he did. Ex. 1 at 02:05-03:23. The FBI agent then read the “Consent” portion of the form to Cordier and asked him to sign it. Ex. 1 at 03:25-04:05. The “Consent” portion of the form stated: “I have read this statement of my rights and I understand what my rights are. At this time, I am willing to answer questions without a lawyer present.” Ex. 5. Cordier looked at the form before the following exchange took place:

Cordier: So I’m not surrendering any rights right now?
FBI agent: What’s that?
Cordier: I’m not surrendering any rights?
[838]*838FBI agent: No, no, of course not. I am advising you of your rights. And you are, you know, you are allowing me to talk to you, and so you are waiving your rights. But like I said on this last one, uh it’s the most important one, this is completely voluntary. The only reason why I am doing this is because you are in custody by something completely unrelated from local stuff here. That’s the only reason why I’m reading this to you. Okay?
Cordier: But I don’t wanna waive my rights though.1
FBI agent: Well, I mean, you have to first waive your rights in order for me to talk to you. It says here “I have read the statement of my rights and I understand what my rights are.” Okay? What you, what you’re doing is that you are going ahead and you understand all of your rights that you have at any time. Okay? And what you’re doing is at this time you are willing to answer questions without a lawyer present. If you understand all of this and at this time you are willing to answer questions, go ahead and sign there. And basically uh, at any time like I said here, you can talk to me.

Ex. 1 at 04:05-05:37. Cordier said “okay” and signed the form, after which he and the FBI agent discussed the waiver further:

FBI agent: And at any time you can go ahead and and uh ascertain one of these rights. Okay?
Cordier: Okay.
FBI agent: It’s completely voluntary bro.
Cordier: Okay.
FBI agent: All right?
Cordier: All right.
FBI agent: You know it’s not a, not a big ...
Cordier: I was, I was just wondering
[[Image here]]
FBI agent: No, no, I hear ya. And when I say waiving it just means that temporarily right now you are allowing me to talk to you, okay? At any time you can tell me to go screw myself. All right?
Cordier: All right.

Ex. 1 at 05:25-06:02.

The FBI agent then questioned Cordier about his background and whether he had sexually abused D.F. Ex. 1. Although Cor-dier repeatedly denied having sexual contact with D.F., he recounted one occasion where he was asleep in his bed and awoke to D.F. “squirming” on top of him and watching a pornographic movie. Ex. 1. All told, the interview lasted approximately two hours and forty-five minutes. Ex. 2.

A federal grand jury indicted Cordier in 2016, charging him with the aggravated sexual abuse and abusive sexual contact of D.F. Doc. 1. Cordier moved to suppress the statements from his interrogation, Doc. 26, and the government filed a brief in opposition, Doc. 28. The magistrate judge held an evidentiary hearing at which he received several exhibits into evidence, including a copy of the advice-of-rights form Cordier signed and a video recording, an audio recording, and transcript of the interrogation. The magistrate judge also heard testimony from the FBI agent.

The magistrate judge issued a report and recommendation recommending that [839]*839Cordier’s motion to suppress be denied, Doc. 43, and Cordier has now objected to some of the magistrate judge’s factual findings and legal conclusions, Doc. 44. This Court reviews a report and recommendation pursuant to the statutory standards found in 28 U.S.C. § 636(b)(1), which provides in relevant part that “[a] judge of the [district] court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

II. Analysis

A. Factual Objections

Cordier’s factual objections all focus on the magistrate judge’s discussion of the first six minutes of the interrogation. Cor-dier claims that the magistrate judge misquoted Cordier and the FBI agent, attributed a statement to the FBI agent that he never actually made, and failed to include statements by the FBI agent that are relevant to his motion to suppress. This Court has viewed the video recording multiple times and has transcribed the portion of the interrogation Cordier focuses his objections on. This transcription accurately sets forth what was said during that portion of the interrogation and is sufficient to address Cordier’s factual objections.

B. Invocation of Rights

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Cite This Page — Counsel Stack

Bluebook (online)
224 F. Supp. 3d 835, 2016 U.S. Dist. LEXIS 173985, 2016 WL 7339906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cordier-sdd-2016.