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.
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.
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
• Chemical Bank monthly statement for account of