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UNITED STATES v. MOORE

February 4, 1994

UNITED STATES OF AMERICA,
v.
KEVIN GLENN MOORE, Defendant.



The opinion of the court was delivered by: CHARLES L. BRIEANT

 Brieant, J.

 By notice of motion dated December 20, 1994, defendant Kevin Glenn Moore moved to suppress all (a) items recovered from the search of a motel room in Fairview, Tennessee, pursuant to a federal search warrant and (b) evidence seized in connection with searches conducted on or about August 25 and August 26, 1993, of the defendant and of the car he was driving. *fn1" The defendant claims that the evidence was obtained in violation of the Fourth Amendment to the United States Constitution.

 In addition, by oral motion at the evidentiary hearing held on January 20, 1994 the defendant moved to suppress an oral statement made by him on August 25, 1993 while in custody and after the defendant had asserted his right to an attorney pursuant to Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966). *fn2"

 An affidavit for the search warrant for the motel room submitted by Federal Bureau of Investigation ("FBI") Special Agent J. Stephen Dickey ("Agent Dickey") *fn3" states that Moore and Ms. Cacciatore (the "victim") had been involved in a romantic relationship prior to the weekend of August 22nd, 1993. Moore visited the victim at her home in White Plains, New York, that weekend with her consent, during which time she told him that she did not wish to continue the relationship. On August 22nd, after the victim repeated that she wanted to end the relationship, Moore allegedly became enraged, pushed her face into a table at which she had been sitting, and at knifepoint, gagged and bound her with duct tape. He dragged her outside to her own 1991 Toyota Camry, locked her in the trunk and drove away from her home.

 About an hour later, Moore removed the victim from the trunk and put her in the front seat of her car, after telling her that he was involved with the Mafia and the drug trade and with a "hit-man." He also said that if she tried to escape or communicate with the authorities, he would have her parents, her ex-husband, her 16-year-old son and her employer killed by making a single telephone call. Moore drove the car to Dickson, Tennessee, arriving there in the early morning hours of August 23, 1993. He checked into a motel and, among other things, forced the victim to call her employer in New York and quit her job, and to call her parents to say that she was out of town and all right.

 The next day Moore rented a room for one week at the Dickson Motel in Williamson County in the city of Fairview, Tennessee, and moved the victim there. The following morning, August 25, 1993, the victim succeeded in informing a clerk in a store in a nearby town, surreptitiously, that she was in trouble. The clerk notified the police and provided a description of the car, the license plate number, and mentioned a woman with a black eye wearing sunglasses.

 Shortly thereafter, the Police Chief of Fairview, Tennessee, Terry M. Harris ("Chief Harris") spotted a car in the parking lot of the Dickson Motel matching the description given by a police dispatcher over the police radio. The Police Chief and two other officers stopped the car shortly thereafter when the defendant and the victim entered the front seat of the vehicle. Moore left the automobile without resistance. The Police Chief then spoke with the woman, who said that she had been taken to Tennessee forcibly and without her consent from her home in White Plains, New York and that Moore had a weapon either in the motel room or under the front seat of the car. A search limited to the front seat was conducted immediately thereafter, and a ten or twelve inch kitchen butcher knife was found under the driver's seat. Moore was then taken into custody, read his Miranda rights, and driven to the local police station.

 Chief Harris notified the FBI, and Special Agent Dickey took over the investigation, arriving at the police station at about noon. After interviewing officers and the victim, among others, Agent Dickey searched and photographed the car, which by then was parked in the police department parking lot. A roll of duct tape, a duffel bag, and the car's registration in the name of Mary Cacciatore were among the items found. Moore was subsequently arrested and, after refusing to sign a waiver of his Miranda rights, unsuccessfully sought to obtain or consult an attorney by telephone. Without being interrogated, Moore then volunteered the statement now sought to be suppressed. He said, allegedly, in the presence of Agent Dickey, that "This is all a misunderstanding, I treated her good." Later that day, the defendant was taken to the Williamson County Jail in Franklin, Tennessee.

 The next day, the FBI obtained a search warrant for the room rented at the Fairview Motel by the defendant and recovered numerous items.

 Searches of the Car

 Moore moves for an order suppressing evidence found in connection with the two searches of the victim's car. The first search, which took place in the motel parking lot shortly after the defendant left the car voluntarily but prior to his being taken into custody, was limited to the front seat. A butcher's knife matching a description given by the victim was found under the driver's seat. The second search, this time of the entire car, was conducted later that day by the FBI, after the car had been moved by the local authorities to the back of the local police station; the items seized included a roll of duct tape and a duffle bag and the registration of the vehicle in the name of Mary Cacciatore.

 The defendant asserts that both searches were performed without his consent, in the absence of arrest or search warrants, and without reasonable suspicion or probable cause, and thereby evidence was obtained in violation of his rights ...


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