The opinion of the court was delivered by: John F. Keenan, United States District Judge
Defendant moves to suppress statements and physical evidence obtained on October 20, 2006.
At approximately 10:00 p.m. on October 20, 2006, NYPD police officers were surveilling drug sales at 184th Street and Washington Avenue in the Bronx. After witnessing a sale, the officers moved in to apprehend the persons involved in the sale.
As the officers moved in, one of them saw the butt and part of the barrel of a gun in the defendant's hand. A second officer could also see a gun in the defendant's hand. Although the officers had not seen the defendant participate in a drug sale, he was standing nearby.
The officers yelled "Gun!" and a number of them subdued DeJesus by putting him up against a wall. At least one of the officers still saw the gun in DeJesus' hand as he was put against the wall.
After the arrest, the officers brought defendant to the police station. After being advised of his rights, DeJesus waived those rights and stated, in substance, that:
* He was carrying a firearm because he had killed someone ten years earlier.
* The family of the victim lived around the corner from where DeJesus was arrested, and he carried the gun for protection.
DeJesus was interviewed a second time on October 21, 2006 by other officers. He again waived his right to remain silent and stated, in substance, that:
* He brought the gun because he had shot and killed someone years earlier. He had the gun for his protection.
* He said that when the cops moved in, he had the gun in his hand. When they were putting him against the wall he ...