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United States v. Nickens
Citations: 336 F. Supp. 2d 682; 2004 U.S. Dist. LEXIS 19110; 2004 WL 2112609Docket: 2:04-mj-80075
Court: District Court, E.D. Michigan; September 15, 2004; Federal District Court
On September 15, 2004, the United States District Court for the Eastern District of Michigan adopted Magistrate Judge Majzoub's Report and Recommendation to deny Maurice Nickens' Motion to Suppress evidence and statements obtained during his arrest. Nickens was charged with being a felon in possession of a firearm and possession with intent to distribute cocaine. His motion, filed on March 22, 2004, argued that the search warrant execution was unconstitutional and that his statements were compelled under duress from police threats. The Court emphasized that the Fourth Amendment protects against unreasonable searches and seizures, requiring a reasonable expectation of privacy to assert such protections. To establish this expectation, a defendant must demonstrate both a subjective expectation of privacy and that society recognizes this expectation as legitimate. The Court found that Nickens did not meet this burden, as he admitted to being at the location to buy and use heroin. Consequently, the Court concluded that the search and seizure were valid, resulting in the denial of Nickens' motion. Officers testifying for the government described the condition of the residence at 15865 Westbrook as poorly maintained and cluttered, with illegal electricity usage and an inoperable bathroom. The defendant admitted to being at the residence solely for drug use, which negates his standing to claim a violation of his Fourth Amendment rights regarding the search. Relevant case law establishes that individuals present in a home for drug-related activities do not possess a reasonable expectation of privacy, further supporting the conclusion that the defendant's challenge to the search warrant is without merit. Consequently, the court deems the question of probable cause for the search warrant moot. Regarding the defendant's claims about the coercion of his statements to police following the raid, he alleged that threats of physical harm were made to compel him to sign the statements. However, the officer involved testified that no threats were issued. Evaluating the voluntariness of confessions requires examining the totality of the circumstances, and the defendant must prove that police actions were coercive and that such coercion overcame his will. The defendant failed to provide sufficient evidence to substantiate his claims of coercion, did not inform his attorney of the alleged misconduct until the hearing, and offered no supporting details or reports regarding the threats made against him. Defendant was not detained for any significant duration between the start of the raid and the time he made his statements, leading the Court to conclude that his claims of police coercion lack sufficient evidence. As a result, the Motion to Suppress the statements is denied. Parties involved in the case may object to this Report and Recommendation within ten days of its service, as mandated by 28 U.S.C. 636(b)(1) and E.D. Mich. LR 72.1(d)(2). Failure to file specific objections will waive any further appeal rights. Objections must be clearly labeled and directly address the relevant sections of the Report. The opposing party must respond to the objections within ten days, addressing each raised issue in order. The government suggested that the admissibility of the Defendant's statements is more suitable for trial, but noted that evidentiary rules apply only when no claim of coercion is made.