United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION
JOHN T. MAUGHMER, Magistrate Judge.
Presently pending before the Court is the MOTION TO SUPPRESS STATEMENTS [Doc. 441] filed by defendant Jose Alberto Arvizu ("Arvizu") on October 21, 2014. On February 11, 2015, the undersigned held an evidentiary hearing on Arvizu's motion. Arvizu was present and represented by his counsel, Jon Justin Johnston. The government was represented by Assistant United States Attorney Bruce Rhoades. At the evidentiary hearing, testimony was provided by a single witness: Detective Loran Freeman with the Independence Missouri Police Department. Additionally, the following exhibits were admitted into evidence
On the basis of all the evidence adduced at the evidentiary hearing, the undersigned recommends denial of Arvizu's MOTION TO SUPPRESS STATEMENTS and submits the following proposed findings of facts and proposed conclusions of law.
PROPOSED FINDINGS OF FACT
1. Loran Freeman is a detective with the Independence Missouri Police Department assigned to the Career Criminal Unit. Tr. at 5-6.
2. As part of Det. Freeman's duties, he was involved in the criminal investigation that ultimately led to Arvizu's arrest and indictment. Tr. at 6.
3. On February 15, 2012, at approximately 4 p.m., Arvizu was arrested after he encountered law enforcement officers executing a search warrant on a residence stemming from an investigation involving a target named Damon Schultz. Tr. at 11-12, 18.
4. As part of that investigation, on February 16, 2012, at approximately 11:45 a.m., Det. Freeman obtained a video/audio statement from Arvizu. Tr. at 6-8, 13; Gov't #2.
5. Det. Freeman removed Arvizu's handcuffs prior to the start of the interview. Tr. at 14; Gov't #2.
6. Prior to taking the statement, Det. Freeman told Arvizu:
This thing that happened yesterday... You have to assume that it didn't just start yesterday. Okay? You have to assume, probably, that we've been around awhile... Watching shit, following people, talking to people, making other arrests and shit like that.
So... here's the deal. I'm willing to sit here and have a very honest conversation with you about some things, so long as you're going to be honest with me. Okay? There's things that I know, and there's things that I'm going to ask you, and there's things that I'm going to ask you and I already know the answer just to check you, see if you're going to be straight with me... If you're going to lie to me and bullshit me and all that man, I'd just as soon get up and walk out of here, not waste your time or mine.
Tr. at 16; Gov't #2.
7. Arvizu then asked if he was being charged with anything and Det. Freeman responded:
Not right now. Not today. One thing I can guarantee you, is that regardless of what you and I talk about right now, with the exception of murder, you're ...