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United States v. Allen

United States District Court, D. Rhode Island

July 6, 2017

UNITED STATES OF AMERICA
v.
BRADLEY RICHARD ALLEN, Defendant.

          MEMORANDUM AND ORDER

         Defendant Bradley Richard Allen has been indicted for one count of making a false statement during an attempted purchase of firearms in violation of 18 U.S.C. §§ 922(a)(6) and 924(a)(2), and one count of making a false statement to a federally-licensed gun dealer in violation of 18 U.S.C. § 924(a)(1). Before the Court is Defendant's Motion to Suppress statements that he made during a custodial interrogation following his arrest on May 4, 2016.[1] For the reasons set forth below, Defendant's Motion is DENIED.

          William E. Smith Chief Judge

         I. Background

         Defendant was arrested at his home on May 4, 2016 by agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). The agents had obtained an arrest warrant two days earlier based on allegations that Defendant had made a false statement to a firearms dealer in an attempt to purchase a firearm. Special Agents Troiano and Yankee interviewed Defendant in Special Agent Troiano's car before transporting him to the U.S. Marshals Office in Providence, Rhode Island for processing. Special Agent Troiano turned on a recording device in his pocket before the conversation started. The recording reveals that Defendant initiated conversation with the Special Agents by inquiring about the basis for his arrest. The following exchange ensued:[2]

T: . . . so bud, let me, let me explain to you first. Well, you're under, you know -- I obviously told you you're under arrest, right? So um, I will explain everything to you, but before I do, I'm just gonna explain your rights, okay?
A: Okay.
T: All right. You ever be-, you've been arrested before, right?
A: Yeah.
T: Okay. Have they read your rights before?
A: Yes.
T: All right. So you have the right to remain silent. [Approximately 3-4 seconds of silence].[3] You have the right to an attorney. You have the right not to answer any questions. Okay, you understand all those?
A: Yes.
T: Right. If you want to answer questions and you want to stop at any time, you have the right to stop answering questions. You understand that?
A: Yup.
T: Okay. You understand that if you do want an attorney, and you can't afford one, one'll be appointed for you?
A: Yes.
T: Do you understand all those?
A: Yes.
T: Okay. When we get back to the office, I'll just have you for-, sign a form acknowledging that you were read your rights, all right?
A: All right.
T: Okay. So um, do you remember me calling you about three or four weeks ago when I spoke to you on the phone about the ...

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