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United States v. Terrell

United States District Court, N.D. Illinois, Eastern Division

March 6, 2015

UNITED STATES OF AMERICA,
v.
ARTURO TERRELL

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, Jr., District Judge.

This matter is before the Court on Defendant's motion to reconsider [64] the Court's October 22, 2014 opinion and order [62] declining Defendant's request to set this matter for a suppression hearing and denying Defendant's motion to suppress. For the reasons set forth below, Defendant's motion to reconsider [64] is denied.

I. Background

Defendant Arturo Terrell is charged with three narcotics violations (Counts I-III) and unlawful possession of a firearm by a convicted felon (Count IV). Defendant was arrested in his home in Dolton, Illinois on the evening of January 19, 2012 after selling ten ounces of crack cocaine to an FBI informant. The FBI obtained a "no knock" search warrant for Defendant's home the day before the arrest. The affidavit accompanying the search warrant summarized a meeting between Defendant and the informant about their forthcoming drug transaction, and also recited information about Defendant's past possession of firearms and his firearm- and narcotics-related criminal history. According to the Government, when the agents executed the warrant, Defendant's son and girlfriend were present in the house. The agents searched the home and found drug paraphernalia, approximately two ounces of suspected crack cocaine, and a semi-automatic pistol.

Defendant's motion to suppress alleged that after the agents detained him, but before he was given his Miranda warnings, the agents asked him whether and where any weapons were located in the residence. After searching Defendant's home, agents transported Defendant to a law enforcement facility in Chicago, where Defendant waived his Miranda rights before making both oral and written statements to the agents.

Defendant moved to suppress certain statements that he made in his home in response to the agents' questions regarding the presence and whereabouts of weapons. Defendant also moved to suppress those same statements and the statements that he made at the law enforcement facility after waiving his Miranda rights, claiming that his use of drugs and alcohol rendered him incapable of knowingly and voluntarily waiving his privilege against self-incrimination.

The Court denied Defendant's motion to suppress. First, relying on United States v. Hernandez, 751 F.3d 538, 542 (7th Cir. 2014) and United States v. Are, 590 F.3d 499, 506 (7th Cir. 2009), the Court found that the agents' questions regarding the presence and whereabouts of weapons-made while Defendant was in custody but prior to any Miranda warning-were appropriate under Miranda 's public-safety exception. Second, the Court found that Defendant's alleged intoxication was insufficient to show that his waiver of his Miranda rights was involuntary, both because Defendant failed to show any accompanying coercion on the part of the agents and because Defendant's conclusory allegations of intoxication were legally insufficient. The Court found that an evidentiary hearing on Defendant's suppression motion was unnecessary because Defendant failed to show that there were any disputed issues of material fact sufficient to warrant such a hearing. See United States v. Rodriguez, 69 F.3d 136, 141 (7th Cir. 1995). Defendant now asks the Court to reconsider its decision.

II. Legal Standard

In addressing motions to reconsider in the criminal context, courts ordinarily apply the same standards as those used in civil cases. United States v. Rollins, 607 F.3d 500, 502 (7th Cir. 2010) (noting that "[n]one of the Rules of Criminal Procedure authorizes a generic motion to reconsider, " but that such "[m]otions may exist as a matter of general practice, " and concluding that "motions to reconsider in criminal prosecutions are proper and will be treated just like motions in civil suits" (citing United States v. Healy, 376 U.S. 75, 84 (1964))). In the civil context, courts review motions to reconsider interlocutory orders under Federal Rule of Civil Procedure 54(b), the Court's inherent authority, and the common law. See Fed.R.Civ.P. 54(b) (noting that "any order * * * may be revised at any time before the entry of judgment adjudicating all the claims and all the parties' rights and liabilities"); FDIC v. Mahajan, 2013 WL 3771419, at *1 (N.D. Ill. July 16, 2013). Motions to reconsider should be granted only in rare circumstances. Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990). "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence.'" Conditioned Ocular Enhancement, Inc. v. Bonaventura, 458 F.Supp.2d 704, 707 (N.D. Ill. 2006) (quoting Caisse Nationale de Credit Agricole v. CBI Indus., Inc., 90 F.3d 1264, 1269 (7th Cir. 1996)). A motion to reconsider "is not an appropriate vehicle for relitigating arguments that the Court previously rejected or for arguing issues that could have been raised during the consideration of the motion presently under reconsideration." Mahajan, 2013 WL 3771419, at *2.

III. Analysis

A. The Public-Safety Exception to Miranda

Defendant argues that the Court applied Miranda 's public-safety exception[1] too broadly, claiming that the exception "is not invoked every time agents arrest a drug dealer because he may be armed." [64, at 7]; see also Are, 590 F.3d at 505 ("Under the public safety' exception to Miranda * * * police officers can ask a suspect questions without first giving Miranda warnings if they reasonably believe it is necessary to secure their own safety or the safety of the public.'" (quoting Quarles, 467 U.S. at 659)). As an initial matter, the Court agrees with Defendant that drug arrests do not necessarily justify public-safety searches for weapons in every instance. But the Court's prior order listed multiple undisputed facts that justify the application of Miranda 's public-safety exception in this case.

First, the search-warrant affidavit recited information regarding Defendant's past possession of firearms and his history of firearm and narcotics convictions, and the agents conducting the search of his home were aware of this information. See Are, 590 F.3d at 505 (finding that information on the warrant regarding defendant's criminal history and prior drug and weapons offenses was sufficient to trigger the public-safety exception, allowing an officer to question a suspect about whether he had a gun). Second, Defendant was dealing drugs, and "drug dealers are known to arm themselves, " Hernandez, 751 F.3d at 542, such that "guns are the tools of the drug trade." Are, 590 F.3d at 506. Thus, even if the nature of a drug offense alone might not justify a search for weapons, it is a factor that in combination with others is entitled to consideration under Hernandez and Are. Third, the presence of other people inside the home during the search "bolsters the conclusion that the question about a weapon falls within the public safety exception." Are, 590 F.3d at 506. Defendant does not adequately refute any of these facts in his motion for reconsideration.[2] These facts put this case squarely on all ...


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