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 United States Magistrate Judge Jonathan W.
Feldman for pre-trial matters and dispositive motions. ECF
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. Then, on January 22, 2018, the Court
issued a Decision and Order adopting Judge Feldman's
R&R and denying Peeples's motions. ECF No. 59.
February 5, 2018, Peeples filed a motion to dismiss the
indictment, which is currently before the Court. ECF No. 66.
For the reasons that follow, Peeples's motion is 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. After a series of
events, including travel via taxi and bus, Defendant Joseph
W. Peeples, III, was identified as a suspect in the robbery
and arrested, without a warrant, in Binghamton, New York, at
approximately 9:00 p.m. ECF No. 59 at 2-4; ECF No. 48 at 18.
was transferred from Binghamton to Rochester the following
day, January 6, 2017. ECF No. 48 at 18-19. The FBI retrieved
Peeples from the Binghamton Police Department at
approximately 10:00 a.m. and arrived in Rochester at
approximately 12:30 p.m. ECF No. 66 at 8. Peeples was then
transported to the federal building in Rochester at 1:56 p.m.
arrest warrant for Peeples was returned at 3:29 p.m. the same
day. ECF No. 4. Peeples's initial appearance before Judge
Feldman began shortly thereafter, at 3:50 p.m. ECF No. 48 at
Complaint was filed on January 6, 2017, but contains no time
stamp to indicate when it was signed. ECF No. 1. The first
page of the Complaint is signed by both Judge Feldman and FBI
Special Agent Seth Fleitman, but the attached affidavit is
signed only by agent Fleitman. Id.
makes a variety of arguments in support of his motion to
dismiss the indictment. The Court will address each below.
Probable Cause Hearing
argues that he was improperly denied a probable cause hearing
under Gerstein v. Pugh, 420 U.S. 103, 105 (1975), as
a result of his allegedly illegal transfer. ECF No. 66 at 4.
Under Gerstein and County of Riverside v.
McLaughlin, 500 U.S. 44, 47 (1991), courts are generally
required to provide a judicial determination of probable
cause within 48 hours of a warrantless arrest. Bryant v.
City of New York, 404 F.3d 128, 137 (2d Cir. 2005). Even
if the 48hour requirement is met, however, delays for the
purpose of gathering additional evidence, motivated by ill
will against the defendant, or for delay's sake are
unreasonable. Id. (quoting McLaughlin, 500
U.S. at 56-57). Courts can consider unavoidable delays