The opinion of the court was delivered by: U. S. District Judge Honorable Edward J. Lodge
MEMORANDUM DECISION AND ORDER
The Court has before it defendant's Motion to Suppress (Dkt. 19). The issue presented by the motion -- whether a police officer gave a proper Miranda warning -- is purely legal and the parties' arguments are adequately presented in the briefs. The Court will therefore decide the motion without oral argument or an evidentiary hearing. See generally United States v. Howell, 231 F.3d 615, 620 (9th Cir. 2000) (evidentiary hearing on suppression motion required "when the moving papers allege facts with sufficient definiteness, clarity, and specificity to enable the trial court to conclude that contested issues of fact exist.").
For the reasons explained below, the Court will grant the motion.
At around 2:30 in the morning on January 15, 2012, Luis Palomares was arrested, taken to the Meridian, Idaho police station, and interviewed by Officer Kevin Kinnaman. Officer Kinnaman began the interview by reading this warning to Palomares:
You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to talk to an attorney for advice before we ask you any questions. If you can't afford one, one will be appointed for you. All right? Do you mind telling me about the gun?" Transcript of Interview, Ex. F, at 2.
Palomares responded to the officer's questions and made several incriminating statements.
After this early-morning interview, Palomares was taken from the Meridian police station to the Ada County Detention Center. At around 5:00 p.m. that same day, Palomares was interviewed a second time, this time by Detective Rick Brockbank. The first part of the recorded interview reads as follows:
Brockbank: I understand you were brought in early this morning, late last night, something like that, is that correct?
Brockbank: Before we get too much further, let me get this stuff out of the way, all right? You have the right to remain silent. Palomares: Okay.
Brockbank: Anything you say can and will be used against you in a court of law. You have a right to have an attorney present to represent you. If you can't afford an attorney, one will be provided at government expense. Do ...