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D.Mass.: Officer assaulting defendant leading to statement leads to suppression

By John Wesley Hall, Jr.

Not a Fourth Amendment case, but one with some Fourth Amendment implications: Officers testified falsely about what happened in defendant’s home during arrest. He was strip searched and assaulted and allegedly made a statement. The District Court suppresses the statement. The government, to its credit, also treated a statement from another officer for the suppression hearing about the search as Giglio material and turned it over. United States v. Gonzalez, 2010 U.S. Dist. LEXIS 69763 (D. Mass. June 30, 2010)*: Because the government has not proven that Gonzalez waived his Fifth Amendment rights knowingly or voluntarily, both his statements and the physical evidence derived from them must be suppressed. See United States v. Patane, 542 U...continue to full post

Full post as published by Fourth Amendment on July 15, 2010 (boomark / email).