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U.S. v. CAMING

January 15, 1991

UNITED STATES OF AMERICA
v.
STANLEY CAMING, DEFENDANT.



The opinion of the court was delivered by: Kram, District Judge.

MEMORANDUM OPINION AND ORDER

On August 27, 1990, defendant Stanley Caming was charged in a two-count indictment with structuring financial transactions in violation of Title 31 U.S.C. § 5324. Defendant now moves to suppress evidence seized from his automobile at the time of his arrest as well as a post-arrest statement made prior to advice of his Miranda rights. Defendant also moves for production of hand written notes of post-arrest statements.

BACKGROUND

In February 1989, the Department of the Treasury, Internal Revenue Service ("IRS") commenced a year-long investigation of defendant's involvement in illegal money structuring transactions. The investigation involved review of voluminous financial records, interviews with bank officials and extensive surveillance of defendant. On March 30, 1990, a United States Magistrate issued a warrant for defendant's arrest. Special Agent Pinzino, the agent in charge of the investigation, arranged to arrest defendant on the morning of April 2, 1990. Affidavit of Stephen D. Pinzino, sworn to December 14, 1990 ("Pinzino Aff.") ¶ 5.

On April 2, at approximately 5:00 a.m., Special Agent Pinzino met IRS Special Agents Carroll, Cunningham and Bento outside defendant's apartment building on East 27th Street in Manhattan. For reasons of safety and out of consideration for the health of defendant's wife, whom the Agents had previously observed to appear frail and in poor health, the Agents decided to arrest the defendant as he exited his apartment building. Id. at ¶ 6.

After waiting three and one-half hours, the Agents had not observed defendant emerge from the building. At 8:30 a.m., the Agents checked the building's garage and discovered that defendant's car was not there. The Agents proceeded to a factory building on West 25th Street in Manhattan where they had previously observed defendant. They were unable to locate defendant or his car there.

The Agents then proceeded down the west side of Manhattan to the Paerdegat Athletic Club in Brooklyn, where they had observed defendant on numerous occasions. Arriving at the Club at 9:30 a.m., the Agents spotted defendant's car in the Club's parking lot. In order to avoid detection or arouse suspicion,*fn1 the Agents staked out positions on side streets outside the Club from which they could observe the Club's parking lot exit. Id. at ¶ 10. At approximately 10:30 a.m., the Agents observed defendant's car leaving the Club. After the car had travelled approximately 100 feet from the parking lot exit, the Agents blocked defendant's car with their own.

Three Agents exited their cars; Special Agent Bento, remained in his car. The Agents were all wearing jackets with large yellow letters and yellow badges emblazoned on the jackets, identifying them as United States Treasury Agents. Pinzino Aff. ¶ 12. Special Agent Pinzino approached defendant's car, "identified [himself] as an IRS agent, told defendant that [they] had a warrant for his arrest and ordered defendant out of his car." Id. Defendant stated "I'm dead," or "I'm a dead man." Affidavit of Stanley Caming, sworn to September 29, 1990 ("Caming Aff.") ¶ 5; Pinzino Aff. ¶ 13. Shortly thereafter, Special Agent Cunningham handcuffed defendant and advised him of his Miranda rights. Caming Aff. ¶ 6.

At the time of defendant's arrest, Special Agent Pinzino conducted a search of the interior of defendant's automobile and found on the front seat, in the glove compartment and inside the driver's side sun visor, the following documents:

    • 4 Dreyfuss Fund customer receipts in the name
  of Jacqueline Gottleib

• Phone Message for Jacqueline Gottleib

    • 2 Con Edison electricity bills for
  Bench-n-Gavel Restaurant
    • Chemical Bank monthly statement for account of
  ...

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