133 F. Supp. 3d 1306
D. Kan.2015Background
- April 9, 2015: 911 report of an attempted armed robbery (shot fired); three suspects fled in a red Suzuki toward Goddard. Police stopped the Suzuki, performed a high‑risk stop, removed occupants (including Murphy), found no weapons on persons, and looked into the trunk where an officer saw a revolver. Officers secured the scene but delayed a full trunk search pending a warrant.
- April 10: Sergeant Kooser obtained and executed a search warrant for the Suzuki; officers recovered a revolver, holster, and ammunition. The warrant affidavit stated officers saw a handgun and relied on the victim’s statements but did not address the victim’s credibility.
- April 9–10: After the stop Murphy was taken to a hospital, returned to custody, and when detectives first attempted questioning he invoked his right to counsel and questioning ceased. A state judge reviewed an affidavit and found probable cause to hold Murphy on state charges on April 10 (Murphy was not present for that review).
- April 12–14: Murphy’s wife told detectives Murphy called her asking to speak to police. Detectives listened to recorded jail calls. On April 14, detectives read Miranda rights, Murphy executed a waiver, and by 3:00 p.m. he made incriminating statements.
- April 14–15: U.S. Attorney’s Office expressed interest April 14; a federal hold was placed that morning and state charges were dropped. Murphy was federally charged April 15 and made his first federal appearance April 17.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless vehicle search (automobile exception) | Gov: officers had probable cause to search the vehicle after report of armed robbery and observation of a gun in the trunk. | Murphy: initial warrantless search lacked probable cause, so evidence and a later warrant are fruit of the poisonous tree; requests Franks hearing challenging affidavit’s handgun statement. | Court: Probable cause existed under the automobile exception; initial search lawful; later warrant not tainted; no Franks hearing because defect immaterial and evidence admissible. |
| Franks hearing re: warrant affidavit | Gov: affidavit facts supported probable cause and warrant was unnecessary to admit evidence because of lawful warrantless search. | Murphy: affidavit falsely stated an officer saw a handgun; seeks hearing to challenge truthfulness/materiality. | Court: Murphy failed to make the required preliminary showing that any misstatement was material; a warrant would have issued without the contested statement. |
| Statements after invocation of counsel (Edwards rule) | Gov: Murphy reinitiated contact via his wife and voluntarily waived Miranda before speaking. | Murphy: after invoking counsel, only he could reinitiate; third‑party reinitiation violated Edwards; his conditional willingness to talk was ignored. | Court: Third‑party reinitiation by the defendant does not violate Edwards where government did not solicit the third party; Murphy knowingly waived and spoke—statements not suppressed. |
| McNabb‑Mallory / 18 U.S.C. § 3501(c) / presentment delay | Gov: federal hold placed April 14; statements were within six hours of federal detention so § 3501(c) permits admission; separate state probable‑cause review occurred within 48 hours. | Murphy: arrested April 9 but not presented to federal magistrate until April 17—statements (Apr 14) were obtained during unlawful delay and must be suppressed. | Court: § 3501(c) applies only after federal arrest/detention; federal hold placed Apr 14 and statements occurred within six hours, so admissible; state probable‑cause determination within 48 hours satisfied Fourth Amendment. |
Key Cases Cited
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception permits warrantless vehicle searches when probable cause exists)
- California v. Carney, 471 U.S. 386 (1985) (automobile exception applies to vehicles under certain circumstances)
- Ornelas v. United States, 517 U.S. 690 (1996) (probable cause is a commonsense, totality‑of‑circumstances inquiry)
- Edwards v. Arizona, 451 U.S. 477 (1981) (once accused invokes right to counsel, questioning must cease absent reinitiation)
- Arizona v. Roberson, 486 U.S. 675 (1988) (Edwards prophylaxis limits government interrogation after counsel request)
- Corley v. United States, 556 U.S. 303 (2009) (interpreting the timing requirements for presentment and consequences of delay)
- Gerstein v. Pugh, 420 U.S. 103 (1975) (prompt judicial determination of probable cause required following arrest)
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) (probable cause determination generally must occur within 48 hours)