WDNY — ‘Miranda’: U.S. v. Sinclair

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U.S. District Court, WDNY

‘Miranda’

Photo Identification

U.S. v. Sinclair
10-cr-6211L
Judge Payson

Background: The defendant had been charged with the conspiracy to possess with intent to distribute and to distribute one hundred or more kilograms of marijuana. The defendant moved to suppress physical evidence, statements he made, and two photographic identifications.

Ruling: The magistrate recommended that the defendant’s motion to suppress his statements and the photo identifications be denied. The court found that the identifying witnesses were presented with a binder containing copies of 33 black and white photographs and were asked to identify anyone they recognized. Also, the court found that the defendant was advised of his rights, but had waived them prior to questioning. There were no other instructions. With respect to the physical evidence, the court concluded that a further hearing was necessary before making a recommendation.

James Scott Wolford of the Wolford Law Firm for the defendant; Charles E. Moynihan of the U.S. Attorney’s Office for the plaintiff