Legal Opinion
United States v. Grey Water
District Court, D. North Dakota
Decided January 31, 2005No. C2-04-145PublishedCited by 4 opinions
1Opinion of the Court
Memorandum Opinion and Order Granting Motion to Suppress Evidence and Denying Motion to Dismiss Indictment
ERICKSON, District Judge.
Before the Court is a motion to suppress statements obtained in violation of Miranda and a motion to dismiss on the grounds that 18 U.S.C. § 922(g)(3) is unconstitutional as applied to Defendant (doc. # 12). The United States has filed a brief in opposition. A hearing was held on January 13, 2005, during which these issues were taken under advisement.
Summary of Decision
The Court finds Defendant was in custody for purposes of Miranda when he was handcuffed and…
2Cases cited32 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Berkemer v. McCartySupreme Court of the United States · 1984
- California v. BehelerSupreme Court of the United States · 1983
- New York v. QuarlesSupreme Court of the United States · 1984
27 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. MayDistrict Court, D. Minnesota · 2006
- United States v. KeysDistrict Court, D. North Dakota · 2005
- United States v. LindseyDistrict Court, D. Kansas · 2007
- United States v. MinnifieldDistrict Court, D. North Dakota · 2008