The opinion of the court was delivered by: Spatt, District Judge
MEMORANDUM OF DECISION AND ORDER
This case involves charges of narcotics possession, narcotics distribution, and gun possession. Presently before the Court are objections by Alphonse Lake and Lonnie Lake to the Report and Recommendation ("Report") dated December 30, 2002 of United States Magistrate Judge Arlene Rosario Lindsay.
The background of this case is incorporated in this Court's memorandum of decision and order dated October 5, 2002 and memorandum of decision and order dated October 24, 2002. Familiarity with these decisions is assumed.
In these decision, motions to suppress statements made by Alphonse Lake and Lonnie Lake were referred to Judge Lindsay to conduct a suppression hearing. On December 23, 2002, Judge Lindsay conducted a suppression hearing at which time the Government called Sergeant William Flanagan, Detective Michael Beckett and Detective James Canner as witnesses. Alphonse Lake called Yolanda Lake as a witness.
On January 7, 1999, at approximately 2:00 p.m., Alphonse Lake was at home with his infant child when approximately 5 or 6 police officers entered Lake's home to execute a search warrant. During the course of the search, Lake was discovered in possession of cocaine, was placed under arrest, handcuffed, and removed to the kitchen area where Sergeant Flanagan, a Nassau County police officer, was guarding him. It is undisputed that Lake was under arrest and was not informed of his Miranda rights while at his home.
Shortly after the search was initiated, the police officers permitted Lake to call his wife, Yolanda Lake, at work so she could come home to watch their child. At the hearing, Mrs. Lake stated that she arrived home a little after 2:30 pm. to find officers searching her home. She testified that after hearing her son wake up, she brought him into the living room, which was approximately 12 to 15 feet from, and directly adjacent to, the kitchen area where her husband was seated. Mrs. Lake testified that she was upset and holding her child on the sofa. In addition, she said she could look right into the kitchen where her husband was seated.
During the search, the officers discovered a gun in the couple's bedroom. After the gun was discovered, Detective Ludwig entered into the kitchen and, in the presence of Lake, informed Sergeant Flanagan that the officers had found a gun in the bedroom. Sergeant Flanagan testified that because Mrs. Lake was in earshot of Detective Ludwig, she could hear what the detective was saying. At the hearing, Sergeant Flanagan stated that at this time, he observed Lake exchange glances with his wife. Immediately thereafter, Detective Ludwig approached Mrs. Lake to ask whether she knew anything about the gun. Lake then stated that the gun was his and that his wife did not know it was in their house. He also stated that he bought the gun in Rockaway.
Lake moves to suppress these statements.
On January 7, 1999, after being stopped by the police while driving a 1990 Toyota Celica, Lonnie Lake was arrested near his home located at 51 E. Market Street in Long Beach. Lake was removed from his vehicle and placed under arrest at approximately 10:25 a.m. He was then transported to the Nassau County Narcotics Bureau in Mineola. Although Lake was not informed of his Miranda rights, he asserted his right to counsel.
In the early afternoon, Lake requested that to be transported back to his home to assist in locking up his pet dogs. The officers granted his request and transported him back where approximately 15 to 20 officers were searching his home. Detective Beckett, who testified that he had known Lake for almost 20 years, moved Lake outside to a patrol car. Beckett testified that while he was in the patrol car, Lake asked him what the police were doing at his house, to which Beckett responded that he did not have that information. Lake then stated that he had a gun under a mattress.
Because a crowd began to form outside his home, Beckett testified that he removed Lake from the patrol car to move him inside his home. As they walked back into the home, and before Beckett had a chance to relay the information that Lake had a gun, another officer announced that they had discovered a gun. When Lake heard the announcement, he stated ...