United States v. Ingalls

982 F. Supp. 315, 1997 U.S. Dist. LEXIS 18634, 1997 WL 721918
CourtDistrict Court, D. Vermont
DecidedOctober 23, 1997
DocketCr. No. 97 CR 46-1
StatusPublished

This text of 982 F. Supp. 315 (United States v. Ingalls) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ingalls, 982 F. Supp. 315, 1997 U.S. Dist. LEXIS 18634, 1997 WL 721918 (D. Vt. 1997).

Opinion

OPINION AND ORDER

SESSIONS, District Judge.

On August 13, 1997, Defendant Keith S. Ingalls filed a Motion tó Suppress All Statements Made by Defendant to Agents of the Government (Paper # 10) in connection with his prosecution for distribution of child pornography. In his suppression motion, In-galls claims that he was not properly advised of his Miranda warnings and that his waiver of his Fifth Amendment rights was involuntary. The Court conducted an evidentiary hearing on September 29,1997. Based upon [316]*316the evidence elicited at the hearing, together with arguments and memoranda of counsel, the Court hereby DENIES Ingalls’ Motion to Suppress.

I. Factual Background

On December 9, 1996, Donald A. Daufen-bach, a Senior Special Agent' for the U.S. Customs Service, obtained a warrant signed by United States Magistrate Jerome J. Nied-ermeier to search the Ingalls’ business in Newport, Vermont, and their residence in Albany, Vermont. Agent Daufenbach was assigned to the Office of Enforcement located in Salt Lake City, Utah, and was primarily responsible for drug smuggling and child pornography investigations. Together with Customs Agents Thomas Donnelly and William Sawyer, Vermont State Police Detective Sergeant Roland Prairie and Newport Police Chief Paul Duquette, Daufenbach executed the warrant at Ingalls’ place of business on December 10,1996.

Ingalls was present at his place of business during execution of the search warrant. Agents Daufenbach and Donnelly spoke with Ingalls in his office. The office measured approximately 8 feet by 15 feet. The agents closed the door to the outer office, identified themselves and advised Ingalls that they had a search warrant for the business. -Daufen-bach informed Ingalls that he was under arrest.

The sequence of statements made to and by Ingalls then becomes uncertain. Daufen-bach testified that he advised Ingalls of his Miranda rights soon after arrival and prior to any statements made by Ingalls. Donnelly testified that Ingalls asked what was to happen to him immediately after being told he was being arrested. Daufenbach told him that he was to be taken to the federal courthouse that day to appear before the magistrate. Ingalls also asked about the seriousness of the crime, to which Daufen-bach answered that it was a ten year felony. According to Donnelly, Daufenbach then advised Ingalls of his Miranda rights.

Ingalls offered a different sequence. After being told that he was under arrest, Ingalls asked Daufenbach if he should get a lawyer. Daufenbach told him that he had the right to an attorney, that he could remain silent and that anything that he said could be used against him. However, Daufenbach then advised him that a lawyer might not be necessary. Daufenbach described the benefits of cooperation and indicated that the presence of counsel would jeopardize cooperation. Later in the interrogation, Ingalls felt that the agents might rip through his office and seize all of the computers unless he cooperated. However, he also described Daufenbach as an excellent salesperson who made Ingalls feel that he was a friend who could be trusted. Ingalls indicated that he did receive Miranda warnings, although they were not consistent with his understanding of standard Miranda warnings. He acknowledged understanding all of his rights.

Daufenbach’s common practice was to read from a Miranda card, although he could not be certain that he did so in this instance. He advised Ingalls of all of the constitutional protections afforded by Miranda. Although Daufenbach did not obtain a written waiver of Miranda rights from the defendant, In-galls did indicate verbally that he understood his rights and wished to speak with the investigators. Ingalls was extremely nervous and raised his hands, indicating that 'he wished to make a statement. He then told the investigators that he had been molested by a principal in elementary school and that apparently no one believed him.

The agents interviewed Ingalls in his office for approximately thirty minutes. There is no evidence to suggest that the agents became intimidating or coercive. The tone of the discussion remained respectful and calm. According to Ingalls’ testimony at the hearing, he decided to make a statement to persuade the agents of his innocence in the hope of avoiding charges being filed.

Ingalls remained extremely cooperative throughout the interrogation. Ingalls made a number of incriminating statements concerning the use of the Internet in the distribution of child pornography. He assisted the agents in the search and seizure of his computers.

Ingalls expressed concerns over being handcuffed and about potential publicity soon [317]*317before being transported to the courthouse. The agents told him that no press releases would be sent. He was permitted to leave the building without handcuffs.

II. Discussion

The United States Supreme Court mandated that an accused be advised of Fifth Amendment rights prior to being subjected to custodial interrogation in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The government bears the burden of proving in light of the totality of the circumstances that law enforcement officers properly advised the accused of those rights and that he or she made a knowing and voluntary waiver. Moran v. Burbine, 475 U.S. 412, 420-21, 106 S.Ct. 1135, 1140-41, 89 L.Ed.2d 410 (1986); Colorado v. Connelly, 479 U.S. 157, 168, 107 S.Ct. 515, 522, 93 L.Ed.2d 473 (1986).

To show a valid waiver, the government must prove from the totality of circumstances that (1) the relinquishment of the defendant’s Miranda rights was voluntary, and (2) that the defendant had a full understanding of the right being waived and the consequences of waiving that right. Moran v. Burbine, 475 U.S. at 421, 106 S.Ct. at 1141. Such proof must be by a preponderance of evidence. United States v. Ramirez, 79 F.3d 298, 304 (2d Cir.) cert. denied, — U.S. -, 117 S.Ct. 140, 136 L.Ed.2d 87 (1996). Promises of leniency, without more, do not invalidate a Miranda waiver. United States v. Guarno, 819 F.2d 28, 31 (2d Cir.1987). In United States v. Bye, 919 F.2d 6, 9 (2d Cir.1990), the Second Circuit held that statements by law enforcement officers to defendants concerning the benefits of cooperation are merely one factor in the totality of circumstances that determine whether a confession is voluntary. See also United States v. Jaswal, 47 F.3d 539, 542 (2d Cir.1995).

In Davis v. United States, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994), the Supreme Court addressed equivocal assertions of Fifth Amendment rights during custodial interrogation.

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Moran v. Burbine
475 U.S. 412 (Supreme Court, 1986)
Colorado v. Connelly
479 U.S. 157 (Supreme Court, 1986)
Davis v. United States
512 U.S. 452 (Supreme Court, 1994)
United States v. Dennis J. Guarno
819 F.2d 28 (Second Circuit, 1987)
United States v. Luis Hernando Ramirez
79 F.3d 298 (Second Circuit, 1996)

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Bluebook (online)
982 F. Supp. 315, 1997 U.S. Dist. LEXIS 18634, 1997 WL 721918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ingalls-vtd-1997.