United States v. Miller

456 F. App'x 595
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 20, 2012
DocketNo. 11-2736
StatusPublished

This text of 456 F. App'x 595 (United States v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Miller, 456 F. App'x 595 (7th Cir. 2012).

Opinion

ORDER

Charles Miller robbed a bank in southern Indiana and was stopped by police on the highway after he drove away. Miller was out of his car and in handcuffs before he was asked if he had a weapon, and when he said that he did, he was asked where it was. Miller said it was under the driver’s seat. That weapon — a gun — was visible through the open driver’s door, and a shopping bag full of money and a dark-colored bandana could be seen through the window on the passenger’s side. The police apparently opened the passenger’s door to take photographs but left the items in the car as they were found. A search warrant later was obtained, and the gun and money and bandana were seized along with other evidence linking Miller to that day’s bank robbery and two previous ones. He was charged with the three robberies, 18 U.S.C. § 2113(a), and with brandishing a gun during and in relation to each, id. § 924(c)(l)(ii).

Before trial Miller moved to suppress his roadside statements about the gun, which had been made without benefit of Miranda warnings. Miller insists those statements were tainted, and therefore so was everything else found in his car. In the alternative, he claims the gun, money, and bandana were discovered during a warrantless “search” and should be suppressed on that basis. The district court denied that motion after an evidentiary hearing, and a jury found Miller guilty on all counts. He was sentenced to a total of 747 months’ imprisonment.

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Bluebook (online)
456 F. App'x 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-miller-ca7-2012.