Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. v. LAKE

February 1, 2003

UNITED STATES OF AMERICA,
v.
LONNIE LAKE, ALPHONSE LAKE and SYLVESTER LAKE, Defendants.



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.

  I. BACKGROUND

  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.

[244 F. Supp.2d 105]

     

 A. As to Alphonse Lake

  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.

 B. As to Lonnie Lake

  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. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.