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United States v. Cain

United States District Court, D. Maine

April 27, 2017

UNITED STATES OF AMERICA,
v.
DONALD L. CAIN, Defendant

          RECOMMENDED DECISION ON DEFENDANT'S MOTION TO SUPPRESS

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE.

         In this case, Defendant is charged with one count of stalking (18 U.S.C. § 2261A(2)(B) and two counts of transmitting threatening interstate communications (18 U.S.C. § 875(c)). The matter is before the Court on Defendant's Motion to Suppress. (ECF No. 88.)

         Through the motion, Defendant seeks to suppress evidence from law enforcement's search for and of his smart phone, and statements he made during the course of his encounter with law enforcement officials on January 21, 2016. Defendant maintains the search for and of the phone was unlawful, and that his statements were involuntary.

         After consideration of the evidence and the parties' arguments, I recommend the Court deny the motion.

         Proposed Findings of Fact[1]

         Based on the evidence presented at the hearing, I propose the Court find the following facts:

1. In January 2017, FBI agent Douglas Collier, who worked in the Columbia, South Carolina, FBI office, received a request from a Maine FBI agent for assistance in the arrest of Defendant, who was residing at the time in South Carolina. A warrant had been issued by the District of Maine for Defendant's arrest.
2. Through communications with the FBI agent in Maine, Agent Collier learned Defendant could be armed and perhaps suicidal.
3. After receiving the call, Agent Collier's office conducted a pre-arrest investigation, including surveillance of Defendant and his residence.
4. At approximately 8 a.m. on January 21, 2016, Agent Collier and three other law enforcement officials went to Defendant's residence to arrest him. The officials, one other FBI agent (Jason Greenan) and two police officers (Emmanuel DeJesus and Holly Wagner) assigned to a joint task force with the FBI, were dressed in plain clothes, but each had a badge or some other visible marking that reflected that the officer was a member of law enforcement.
5. When the law enforcement officials arrived at Defendant's residence, two of the officials went to the back of the building and two officials, including Agent Collier, went to the front door.
6. Agent Collier and Agent Greenan, who accompanied Agent Collier to the front door, knocked on the front door approximately 8 to 10 times; however, no one answered the door.
7. Agent Collier decided to go to Defendant's work place. Two other officers (Officers Wagner and Emmanuel) accompanied Agent Collier. Agent Greenan remained at Defendant's residence.
8. Shortly thereafter, Agent Greenan observed someone move within the house, and informed Agent Collier ...

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