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
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. ...