United States District Court, D. Maine
RECOMMENDED DECISION ON DEFENDANT'S MOTION TO
C. NIVISON U.S. MAGISTRATE JUDGE.
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.)
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.
consideration of the evidence and the parties' arguments,
I recommend the Court deny the motion.
Findings of Fact
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
2. Through communications with the FBI agent in Maine, Agent
Collier learned Defendant could be armed and perhaps
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
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
8. Shortly thereafter, Agent Greenan observed someone move
within the house, and informed Agent Collier ...