United States District Court, W.D. New York
DECISION AND ORDER
FRANK P. GERACI, JR Chief Judge .
January 6, 2017, the United States of America filed a
Criminal Complaint alleging that Defendant Joseph W. Peeples,
III, robbed a bank in violation of 18 U.S.C. § 2113(a).
ECF No. 1. On February 23, 2017, the Grand Jury returned an
Indictment charging Peeples with one count of bank robbery,
one count of entering a bank with intent to commit larceny,
and one count of bank larceny in violation of 18 U.S.C.
§§ 2113(a), (b). ECF No. 7. The next day, the case
was referred to Magistrate Judge Jonathan W. Feldman for
pre-trial matters and dispositive motions. ECF No. 8.
arraignment, Peeples moved to proceed pro se and
Judge Feldman granted the motion. ECF No. 10.
March 30, 2017, Peeples moved to suppress evidence obtained
from his hotel room after his warrantless arrest and
statements after his arrest, and he moved to dismiss the
criminal complaint and the arrest warrant based on a number
of alleged violations of the Federal Rules of Criminal
Procedure. ECF Nos. 14, 48. Judge Feldman then held a
suppression hearing and issued a report and recommendation
(“R&R”), ECF No. 48, to which Peeples
objected. ECF No. 51. The Government responded to
Peeples's objections. ECF No. 55. For the reasons that
follow, the Court adopts Judge Feldman's R&R and
Peeples's motions are DENIED.
January 5, 2017, at approximately 8:25 a.m., a male suspect
robbed the Chase Bank located at 1 South Clinton Avenue in
Rochester, New York. ECF No. 1, ¶ 3. The suspect entered
the bank, robbed it, and left with approximately $109, 500.
Id., ¶ 4. Video surveillance from outside the
Bank showed the suspect fleeing north on Stone Street by foot
toward East Main Street. See id., ¶ 5. He then
entered a taxi in front of the Hyatt Hotel. Id. No
other individuals appear on the video surveillance during the
time the bank was robbed. Id.
taxi driver dropped off the suspect at the Trailways Bus
Station. Id. The suspect left sunglasses and a
jacket with bundles of cash totaling approximately $9, 990
inside the taxi. Id. Video surveillance from the bus
station showed the taxi dropping off the suspect, who then
entered the bus station with a bag. Id., ¶ 6.
The suspect entered a bathroom in the bus station and exited
in different clothes several minutes later. Id.
Police later found $43, 500 in the trash can inside the
exiting the bus station bathroom, the suspect took another
taxi to the Quality Inn at 1273 Chili Avenue in Rochester.
Id., ¶ 7. Video surveillance from inside the
Quality Inn showed the suspect entering the hotel in the same
clothes he had on when he left the bus station. Id.,
¶ 9. The manager of the Quality Inn said that the
suspect provided his name, Joseph W. Peeples, III, and his
address and driver's license number when he rented a
room. Id. The taxi driver reviewed the surveillance
video from the Quality Inn and confirmed that Peeples was the
individual he transported in his taxi. Id., ¶
taxi driver picked him up an hour later and drove him back to
the bus station at approximately 10:05 a.m. Id.,
¶ 7. Peeples entered the bus station again at 10:14 a.m.
and purchased a bus ticket to New York City. Id.,
¶ 8. The bus left Rochester at 10:55 a.m. and made
several stops. Id., ¶ 10. Peeples exited the
bus in Binghamton, New York, and hailed a taxi. Id.
The taxi driver took Peeples to four or five different
hotels, none of which would accept cash without a credit
card. See Id. Eventually, the driver dropped Peeples
off at the Grand Royale Hotel in Binghamton. Id.
same day, FBI Special Agent John Bokal, Jr., learned of the
robbery and Peeples's travels. ECF No. 33, at
13-14. Based on this information, Agent Bokal
believed he had probable cause to locate and arrest him.
an investigator with the Binghamton Police Department, Agent
Bokal discovered that Peeples's last known location was
the Grand Royale Hotel in Binghamton. Id. at 15.
Agent Bokal went to the Grand Royale Hotel the same day.
Id. at 16. He entered the main entrance of the
hotel, which included a set of unlocked doors leading to a
set of locked doors. Id. After reviewing signs to
the side of the locked doors, Agent Bokal contacted the hotel
manager, Salim Khan, and identified himself. Id.
Khan then appeared and let Agent Bokal into the hotel.
Id. at 19-20.
Bokal showed Khan a picture of Peeples, and Khan confirmed
that a taxi had dropped Peeples off at the hotel earlier that
afternoon. Id. at 20. Khan then retrieved a copy of
the bill with Peeples's name and a copy of his
Bokal then asked Khan if Peeples was currently inside the
hotel. Id. Khan responded that Peeples had left the
hotel and Khan assumed Peeples was still gone. Id.
at 20-21. Agent Bokal then requested that Khan show Agent
Bokal to Peeples's room. Id. at 21. Khan led
Agent Bokal and three members of the Binghamton Police
Department to a set of stairs leading to the third floor of
the hotel. Id. at 21-22. As they were making their
way up the staircase to the third floor, Khan pointed to an
individual on a landing on the stairway and said,
“that's him.” Id. at 22. Peeples was
sitting on the ...