United States v. Michel

Criminal Practice

New York Law Journal


Judge John Keenan

Michel was charged with Hobbs Act violations for kidnappings and robberies. He was arrested at 12:45 p.m. following a July 7, 2011, state court appearance. Michel claimed he was questioned without being advised of his Miranda rights. He further claimed he answered federal agent Cruz's questions because he was required to speak. Following a Jan. 30, 2013, hearing—at which Michel did not testify—district court denied suppression of Michel's post-arrest statements. Agent Cruz testified he advised Michel of his Miranda rights outside the state courthouse at 12:45. Cruz also testified that upon reaching a Bronx gas station, he gave Michel a second Miranda warning, and that Michel signed a waiver form. Police detective DiRienzo corroborated Cruz's testimony. He also testified that Michel was processed at the 33rd Precinct before being lodged in holding facility in Nassau County overnight, prior to presentment before district court on July 8, 2011. Crediting Cruz's and DiRienzo's uncontradicted, sworn testimony, the court found Michel properly given Miranda rights at arrest. As nothing in the record suggested his waiver was not knowing and voluntary, Michel's post-arrest statements were admissible under Miranda.

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