United States v. Alfred G. Miller

Custodial Statement Threatening to Put a Bullet Through Someone's Head Implies Motive

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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46117 Judge Kaplan DEFENDANT, INDICTED as a felon in possession of firearms, moved to suppress physical evidence and a custodial statement that he alleged were obtained in violation of the Fourth Amendment when police officers recovered from his residence two guns found while officers were present assisting with an order of protection (OP). The court denied the motion to suppress, determining that one of the officers knew that the defendant allegedly had threatened “to put a bullet through [the] head” of defendant’s cousin, who had obtained the OP against defendant. The court found that this statement implied motive, a willingness to resort to violence and access to firearms. The officer also knew that defendant’s cousin had taken the threat with sufficient seriousness to obtain an OP. The court held that these “articulable facts” give rise to the entirely rational inference that allowing defendant unsupervised access to a rear bedroom might prove dangerous to the safety of the officers and defendant’s cousin.

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