United States v. Filippi

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence

, New York Law Journal

   |0 Comments

Judge Ronnie Abrams

Motley was among those charged with substantive and conspiracy charges of distributing, and possessing with intent to distribute, 100 or more marijuana plants. Homeland Security Investigations agent Auman participated in Motley's arrest. After an evidentiary hearing the court denied Motley suppression of post-arrest statements made after he initiated further discussions with Auman and knowingly and voluntarily waived Miranda rights invoked 30 minutes earlier. Motley's invocation of the Second Circuit's 1992 decision in United States v. Montana did not compel a conclusion other than that the totality of circumstances showed that Motley knowingly and voluntarily waived his rights. As in Montana, Motley's statements were "volunteered" in what the evidence showed was relatively "non-threatening surroundings." Although the half hour gap in Motley's case was shorter than the "ample" three-hour period in Montana, Montana does not purport to set the standard as to how much time must pass before a valid waiver may occur. Under the circumstances of his case, Motley had sufficient opportunity to reassess his situation and "voluntarily determine whether to waive his constitutional rights," which he did.

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article# 1202605414801

Thank you!

This article's comments will be reviewed.