People v. Norton

MEMORANDUM OPINION

(October 15, 2012)

THIS MATTER came before the Court on the Defendant James Douglas Norton’s (hereafter “Norton”) Motion to Suppress, filed pursuant to Rule 12(b)(3)(C) of the Federal Rules of Criminal Procedure on grounds that a statement was taken in violation of the Fourth and Fifth *125Amendment.1 The Court sua sponte increased the issue to include the legality of the arrest and the remedy for an illegal misdemeanor arrest.

FACTUAL AND PROCEDURAL BACKGROUND

On or about September 7, 2009, at approximately 12:54 a.m., Police Officer Sahmantha Simmonds (hereafter “Officer…