United States v. Patane

EBEL, Circuit Judge.

The Government appeals from the district court’s order suppressing the physical evidence against Samuel Francis Patane on charges of gun possession by a felon. The district court based its suppression order on its conclusion that the evidence was insufficient to establish probable cause to arrest Patane. We conclude, contrary to the district court, that probable cause existed to arrest Patane. However, we affirm the district court’s order on the alternative ground that the evidence must be suppressed as the physical fruit of a Miranda violation.

I. BACKGROUND

Patane was…