United States v. Andrews
847 F. Supp. 2d 236
D. Mass.2012Background
- Warrant for 452 Kempton Street, New Bedford, MA, valid; Andrews had Fourth Amendment interest in the apartment.
- Surveillance and detention of Andrews occurred before and during the execution of the warrant under Summers framework.
- Andrews was detained and brought to the apartment; Miranda warnings were given; marijuana found shortly after.
- Defendant’s statements after guns were found were challenged as involuntary, implicating Fifth Amendment concerns.
- Court allowed untimely amendment to suppress despite merit; documents seized cited as outside the warrant’s scope and not protected by plain view.
- Denial of suppression would require weighing subjective police motive, which the court found improper under objective-reasonableness standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the search warrant | Government argues probable cause supported warrant | Andrews contends warrant invalid for scope | Warrant valid; probable cause shown |
| Detention of Andrews under Summers | Government asserts Summers detention justified | Andrews challenges prolonged or improper detention | Detention permissible under Summers/Brigham City/Mena framework; reasonable under facts |
| voluntariness of statements after guns found | Government bears burden to show voluntary waiver | Statements coerced by false threats/promises | Fifth Amendment waiver not shown; statements excluded from case-in-chief |
| Plain view and seizure of documents | Documents seized under plain view | Documents beyond warrant scope; improper seizure | Plain view does not justify seizure; documents suppressed |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (1981) (detention of occupant during search for contraband can be reasonable)
- Muehler v. Mena, 544 U.S. 93 (2005) (detention of occupant is part of a valid search when warranted)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (objective reasonableness standard; officer’s motive irrelevant)
- Rettele, 550 U.S. 609 (2007) ( Summers detention evaluated on objective basis; prolonged detention may be unreasonable)
- Gonzales, 719 F.Supp.2d 167 (D.Mass.2010) (Miranda standards and government burden in suppression motions)
- United States v. Leon, 468 U.S. 897 (1984) (good faith reliance on a warrant)
- United States v. Giannetta, 909 F.2d 571 (1st Cir.1990) (plain view requires not exceeding scope and immediate incriminating nature)
- Paneto, 661 F.3d 709 (1st Cir.2011) (plain view with lawfully obtained vantage point and probable cause; reading documents not allowed)
- Arizona v. Hicks, 480 U.S. 321 (1987) (movement of objects during a search can constitute a separate search)
- United States v. Barnard, 299 F.3d 90 (1st Cir.2002) (first-hand details support reliability for probable cause)
- United States v. Dessesaure, 429 F.3d 359 (1st Cir.2005) (probable cause and basis for warrant)