308, 100 S.Ct. 1682 (1980).
1. As to Alphonse Lake's Statement
In her Report, Judge Lindsay found that Alphonse Lake's statement was not elicited by custodial interrogation or its equivalent. In his objections to the Report, Lake argues that when Detective Ludwig advised Sergeant Flanagan in Lake's presence that the officers found a gun it was the "functional equivalent" of confronting Lake with this evidence. According to Lake, the officers should have known that by doing so they were reasonably likely to elicit an incriminating response from him. In addition, Lake contends that there was no indication that he spoke to protect his wife from further upset, and that even assuming he had, such police tactics would require suppression of the statement.
The Court finds Lake's argument to be without merit. After reviewing the transcripts for the suppression hearing held on December 23, 2002, the Court finds that Judge Lindsay correctly determined that the motion to suppress Lake's statement should be denied. The record shows that the officers merely exchanged information that a gun had been found. A review of the record also reveals that this announcement was neither addressed to nor directed at Lake. Furthermore, Judge Lindsay is correct in finding that the officers could not reasonably have anticipated that when they spoke to Mrs. Lake in an adjacent room, Lake would have assumed they were discussing the gun. In addition, the Court finds that it was reasonable for Judge Lindsay to conclude that based on a glance Lake received from his wife and because she was upset and crying, he volunteered that the gun was his and that his wife was not involved in order to protect his wife and to avoid further upset. Therefore, the Court finds that Judge Lindsay correctly determined that Lake was not coerced or questioned in any way. Accordingly, the motion to suppress Lake's statement is denied.
2. As to Lonnie Lake's Statement
On January 8, 2003, the Court received a letter from Lonnie Lake stating that "Mr. Lake objects to Magistrate Lindsay's findings of fact and conclusions of law." However, Lake provides absolutely no grounds for his objection to Judge Lindsay's Report. In short, he provides no "specific, written objections to the proposed findings and recommendations." Fed.R.Civ.P. 72(b) (emphasis added). Where a party makes only "conclusory or general objections, the court reviews the report and recommendation for clear error." Parker v. Johnson, No. 99-11805, 2001 U.S. Dist. LEXIS 13745, at *4 (S.D.N.Y. Sept. 6, 2001); Camarado v. General Motors Hourly-Rate Employees Pension Plan, 806 F. Supp. 380, 382 (W.D.N.Y. 1992) (determining that the court need not consider objections which are frivolous, conclusive, or general and constitute a rehashing of the same arguments and positions taken in original pleadings); see also Fed.R.Civ.P. 72(b) advisory committee's note (when no specific, written objections are filed, "the court need only satisfy itself that there is no clear error on the fact of the record in order to accept the recommendation.").
After carefully reviewing Judge Lindsay's well-reasoned and thorough Report, the Court concludes that her Report is not clearly erroneous. Judge Lindsay applied the proper standard and reasonably applied the facts obtained from all the testimony given at the suppression hearing to the law. Accordingly, the Court adopts Judge Lindsay's Report.
Based on the foregoing, it is hereby
ORDERED, that the objections by both Alphonse Lake and Lonnie Lake to Judge Lindsay's Report are DENIED; and it is further
ORDERED, that the Court adopts Judge Lindsay's Report in its entirety.
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