United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
BRISBOIS U.S. MAGISTRATE JUDGE
matter comes before the undersigned United States Magistrate
Judge pursuant to a general assignment, made in accordance
with the provisions of Title 28 U.S.C. § 636 and Local
Rule 72.1, upon Defendant Adrian J. Valdez's (hereinafter
“Defendant”) Motion to Suppress Statements,
Admissions, and Answers, [Docket No. 31], and upon
Defendant's Motion to Suppress Evidence Obtained as a
Result of Search and Seizure. [Docket No. 32]. The Court held
a motions hearing on January 15, 2019, regarding the
parties' pretrial motions. At the motions hearing, the Court
took Defendant's Motion to Suppress Statements,
Admissions, and Answers, [Docket No. 31], and Defendant's
Motion to Suppress Evidence Obtained as a Result of Search
and Seizure, [Docket No. 32], under advisement.
reasons discussed herein, the Court recommends that
Defendant's Motion to Suppress Statements, Admissions,
and Answers, [Docket No. 31], be DENIED, and
that Defendant's Motion to Suppress Evidence Obtained as
a Result of Search and Seizure, [Docket No. 32], be
BACKGROUND AND STATEMENT OF FACTS
is charged with two counts of assault with a dangerous
weapon, in violation of 18 U.S.C. §§ 113(a)(3),
113(a)(6), 1151, and 1153(a); and two counts of assault
resulting in serious bodily injury, in violation of 18 U.S.C.
§§ 113(a)(3), 113(a)(6), 1151, and 1153(a).
(Indictment [Docket No. 16]).
record presently before the Court indicates that on August
10, 2018, Sergeant Kendall Kingbird (hereinafter “Sgt.
Kingbird”) of the Red Lake Police Department was
dispatched to Avis Laduke's residence (hereinafter
“Laduke Residence”) after a “911”
call reporting that there had been a stabbing at the
residence. (January 15, 2019, Motions Hearing, Digital
Recording at 11:23- 11:25 a.m.).
Kingbird was the first law enforcement officer to arrive at
the Laduke Residence (Id.). As he pulled his patrol
vehicle into the driveway of the Laduke Residence, Sgt.
Kingbird observed Defendant walking down the middle of the
driveway towards him, in the direction of the roadway.
(Id. at 11:27-11:29 a.m.). He also observed
Defendant put his hands up and drop the beer he was holding
in his hand. (Id. at 11:27-11:28 a.m.). As Sgt.
Kingbird was parking his patrol vehicle, he observed
Defendant drop to his knees and put his hands behind his
back. (Id.). Sgt. Kingbird then parked his patrol
vehicle in the Laduke Residence driveway, approximately 100
yards away from the house. (Id.). Sgt. Kingbird
could not clearly see the Laduke Residence or the porch of
the residence from where he parked. (Id.).
parking, Sgt. Kingbird exited his vehicle and approached
Defendant. (Id. at 11:28- 11:29 a.m.). Sgt. Kingbird
testified that, while approaching Defendant, he observed that
Defendant had blood on his hand. (Id.). Upon seeing
the blood on Defendant's hand, Sgt. Kingbird asked
Defendant if he was injured, to which Defendant responded,
“no.” (Id.). When Sgt. Kingbird walked
up to Defendant, without any instructions from Sgt. Kingbird,
Defendant laid down and put his hands behind his back.
(Id. at 11:29-11:30 a.m.). Defendant then stated,
“I stabbed them take me to jail.” (Id.
at 11:30-11:31 a.m.).
hearing Defendant state that he “stabbed them, ”
Sgt. Kingbird put Defendant in handcuffs and read Defendant a
Miranda warning. (Id.). Sgt. Kingbird
asked Defendant what his name was, but at no time thereafter
did Sgt. Kingbird ask Defendant any further questions.
(Id.). Sgt. Kingbird observed that Defendant
appeared angry, but he reportedly did not have any trouble
putting handcuffs on Defendant. (Id.). After reading
Defendant his Miranda rights, Sgt. Kingbird helped
Defendant stand up and they waited in front of Sgt.
Kingbird's patrol vehicle for approximately 15 minutes
for a transport unit to arrive. (Id. at 11:33-11:34
waiting for a transport unit to take Defendant, Sgt. Kingbird
observed an ambulance arrive, proceed to the residence, and
subsequently leave the scene with an apparent stabbing
victim. (Id.). Afterwards, someone from the Laduke
Residence walked down the driveway and made threats toward
Defendant. (Id.). Sgt. Kingbird advised the person
to return to the Laduke Residence. (Id.).
minutes after that encounter, another vehicle drove up the
driveway and parked behind Sgt. Kingbird's vehicle.
(Id.). Two people who identified themselves as
relatives of one of the stabbing victims exited the vehicle
and made threats to Defendant while walking up the driveway
towards the house. (Id. at 11:34-11:35 a.m.).
Defendant began yelling back at the individuals who had
yelled at him, and he again told Sgt. Kingbird to take him to
jail. (Id. at 11:35- 11:36 a.m.).
then pushed himself off of the front of Sgt. Kingbird's
patrol vehicle causing Sgt. Kingbird to put Defendant to the
ground. (Id.). Sgt. Kingbird told Defendant that he
would tase Defendant if he didn't settle down to which
Defendant responded that Sgt. Kingbird should go ahead and
tase him because he had been tased before. (Id.).
Defendant also told Sgt. Kingbird that the people yelling at
him wanted to “start shit with him, ” and he
again told Sgt. Kingbird that he “stabbed them.”
the transportation unit arrived, and Defendant was
transported to the Red Lake Detention Center. (Id.
at 11:36-11:37 a.m.).
Defendant was transported to the Red Lake Detention Center,
Sgt. Kingbird walked up the driveway to the Laduke Residence.
(Id. at 11:39-11:40 a.m.). When he arrived at the
house, Sgt. Kingbird observed that there were blood smears on
the porch of the Laduke Residence, as well as, lawn furniture
and beer cans. (Id. at 11:40-11:41 a.m.). He also
observed that there was blood on the ground surrounding the
porch. (Id.). Sgt. Kingbird knocked on the door of
the Laduke Residence, but no one answered. (Id.).
Kingbird then waited approximately one hour for other
officers to arrive. (Id. at 11:41- 11:42 a.m.).
While Sgt. Kingbird was waiting for the other officers to
arrive, he took pictures of the porch of the Laduke
Residence, which had beer cans, blood, and lawn chairs on it.
(Id. at 12:06-12:07 p.m.). At one point while Sgt.
Kingbird was waiting for other officers to arrive, Avis
Laduke, the owner of the home, came outside of the Laduke
Residence. (Id. at 11:41-11:42 a.m.). While Avis
Laduke was outside, Sgt. Kingbird briefly talked to her, and
he thought she might be intoxicated because of her slurred
speech and because she smelled of alcohol. (Id.).
During their brief discussion, Avis Laduke told Sgt. Kingbird
that her son and her nephew had been stabbed, and she said
that her son was still inside the Laduke Residence.
(Id. at 11:43-11:44 a.m.). Sgt. Kingbird asked Avis
Laduke if he could check on her son and she told him no.
Criminal Investigator Geoff Pierre (hereinafter “CI
Pierre”) of the Red Lake Tribal Police Department
arrived at the Laduke Residence. (Id. at 11:45-11:46
a.m.; 12:15-12:16 p.m.). Sgt. Kingbird walked back down the
driveway to talk with CI Pierre and inform him of his
conversation with Avis Laduke-specifically that Avis Laduke
had told him that her son was injured and still inside the
Laduke Residence. (Id.). The officers then walked
back up the driveway to the Laduke Residence. (Id.).
When the officers got back to the Laduke Residence, Avis
Laduke was standing on the porch, and she let them into her
home to check on her son, Robert McGregor. (Id.).
locating Robert McGregor inside the Laduke Residence, the
officers requested another ambulance for Robert McGregor to
transport him to a hospital. (Id. at 11:47-11:48
a.m.). The officers also had everyone else then in the
house-approximately six people-gather in the living room so
they could make sure no one else was injured. (Id.).
While the officers were inside the Laduke Residence, they did
not look through any drawers, closets, paperwork, or take
anything from the inside of the Laduke Residence.
(Id. at 12:24-12:25 p.m.).
after everyone gathered in the living room, and after an
ambulance had transported Robert McGregor from the scene,
Special Agent Mark Meyers (hereinafter “SA
Meyers”) of the Federal Bureau of Investigation,
Bemidji Resident Agency, arrived at the Laduke Residence.
(Id. at 12:45-12:46 p.m.). When he arrived, he began
to “process the crime scene, ” which included
photographing the outside of the Laduke Residence-primarily
the porch-as well as, searching outside of the residence for
the knife used in the stabbing. (Id. at 12:46-12:47
p.m.). After the officers began processing the scene outside
of the Laduke Residence, they did not go back inside the
residence. (Id.). Avis Laduke was with the officers
the entire time they were outside of her home processing the
crime scene, and she did not object to the officers'
photographing the outside of the Laduke Residence or
searching for a knife. (Id.). While the officers
were outside of the Laduke Residence, Andrea Laduke, Avis
Laduke's daughter, without being told to do so brought
the officers Robert McGregor's shirt that he had been
wearing when he was stabbed. (Id. at 12:24- 12:25
p.m.). Also, while processing the exterior crime scene, the
officers took a shirt sitting on the porch with them, which
they believed belonged to Joshua Laduke, the individual who
was the first person to have been transported to a hospital.
(Id. at 12:23-12:24 p.m.). Avis Laduke did not
object to the officers taking the shirt from the porch.
August 15, 2018, at approximately 11:08 a.m., SA Meyers
interviewed Defendant in a conference room at the Red Lake
Police Department, which was attached to the Red Lake
Detention Center where Defendant had been held since his
arrest on August 10, 2018. (Id. at 12:47-12:48
the interview began, SA Meyers contacted jail control to
bring Defendant to the conference room. (Id. at
12:48-12:49 p.m.). SA Meyers testified that when Defendant
arrived, he was wearing shackles; however, SA Meyers removed
the shackles before asking Defendant any questions.
Meyers testified that the conference room had two doors, both
of which were closed but unlocked, one wall with windows, one
wall with a white board, as well as, a conference table with
chairs surrounding it. (Id. at 12:49-12:50 p.m.). SA
Meyers further testified that when the interview started, he
was alone with Defendant, but shortly after the interview
began, Criminal Investigator Ron Leyba (hereinafter “CI
Leyba”) came into the conference room. (Id. at
12:50- 12:51 p.m.; Gov't Ex. 2 0:30-1:00).
beginning of the interview, the officers introduced
themselves. (Gov't Ex. 2 0:30- 2:00). The officers asked
Defendant about his current phone number and address.
(Id. at 2:00- 4:00). Defendant answered each
question appropriately. (Id.).
using an Advice of Rights form, SA Meyers read Defendant a
Miranda warning. (Id. at 2:00-4:00).
Afterwards, SA Meyers asked Defendant to read aloud the
consent statement also contained on the Advice of Rights
form, and Defendant did so. (Id. at 3:20-3:40;
Gov't Ex. 1). SA Meyers asked Defendant if he understood
the consent form and Defendant responded, “Yeah I
don't have nothing to hide.” (Id. at
5:30-6:00). Defendant then signed the Advice of Rights form,
and the form was witnessed by SA Meyers.
officers next began asking Defendant about the events that
occurred on August 10, 2018. (Id. at 6:00-6:30).
Defendant began by explaining how he had come to Minnesota
from Arizona, (Id. at 6:30-7:30), when he asked the
officers if he could wash his face. (Id. at 8:45-
9:45). The officers obliged and gave Defendant a wet towel to
clean off his face and gave him a dry towel to dry his face
and his hands. (Id.).
next discussed the type and quantity of the alcoholic
beverages he claimed he had consumed the night of August 10,
2018. (Id. at 10:45-12:00). Defendant then explained
that he remembered “tussling around” with someone
and that another person told him to leave the Laduke
Residence. (Id. at 12:00-13:00). He also recalled
hearing someone yell at him that he cut someone and that he
simultaneously saw a police vehicle pulling up the driveway
of the Laduke Residence. (Id.). Although he could
not remember where he threw his knife, Defendant recalled
throwing it as he left the Laduke Residence. (Id. at
21:00-21:45). Defendant explained that the knife he used
belonged to him and was a chrome, Winchester folding pocket
knife with a small blade. (Id.).
continued to describe the events that occurred on the night
of August 10, 2018, and expressed that he felt bad about his
actions because “Robert is a peaceful guy.”
(Id. at 22:00- 23:00). Defendant went on to say,
“I'll take full responsibility for what I did
because these people don't deserve to be hurt like
that.” (Id. at 23:00-23:30). Defendant
continued to discuss how upset he was and stated, “I
feel I let a lot of people down.” (Id. at
25:00-27:30). He further stated that he was “really
glad no one died.” (Id. at 28:30-29:00).
recording ended at approximately 11:41 a.m. on August 15,
2018. (Id. at 33:00-34:00). Once the interview was
completed, SA Meyers collected Defendant's fingerprints
and opened the door to the conference room where Defendant
was escorted back to his holding cell by jail control staff.
(January 15, 2019, Motions Hearing, Digital Recording at
the August 15, 2018, interview, the officers maintained a
conversational tone and made no threats or promises to
Defendant. Although Defendant became somewhat emotional at
times, Defendant also maintained a conversational tone. He
was cooperative throughout the interview and showed a
willingness to cooperate with the officers. Defendant also
responded appropriately to the questions presented. In total,
Defendant's interview lasted for only a little more than
thirty (30) minutes.
DEFENDANT'S MOTION TO SUPPRESS STATEMENTS, ADMISSIONS,
AND ANSWERS. [DOCKET NO. 31].
argues that the statements he made on both August 10, 2018,
and August 15, 2018, should be suppressed. (Def. Mot.,
[Docket No. 31], at 2). Regarding his statements on August
10, 2018, Defendant argues only that those statements should
be suppressed because he claims he was intoxicated.
(Id.). Regarding his August 15, 2018, statements,
Defendant argues that those statements should be suppressed
because the statements were not the product of a voluntary,
knowing, and intelligent waiver of his Miranda