USA v. Flowers et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
ARNOLD WESLEY FLOWERS, II, and
MIRANDA MAY FLOWERS,
Defendants. Case No. 3:16-cr-00058-SLG
ORDER RE DEFENSE MOTION TO SUPPRESS STATEMENTS OF THE
DEFENDANT
Before the Court is a Defense Motion to Suppress Statements of the Defendant at
Docket 48. This motion has been fully briefed1 and Magistrate Judge Oravec conducted
an evidentiary hearing on the motion on August 23, 2016. At Docket 144, Judge Oravec
issued a Final Report and Recommendation that recommended that the motion at Docket
48 be granted in part and denied in part. For the same reasons that this Court articulated
in its order at Docket 184 in Case No. 3:16-cr-00035-SLG on this motion, the Court will
accept the Magistrate Judge’s recommendations regarding Defendant’s motion.
In light of the foregoing, the Motion to Suppress at Docket 48 is GRANTED IN
PART 	and 	DENIED 	IN 	PART. 	Defendant 	Wesley 	Flowers’s 	statements 	to 	law
enforcement made on March 29, 2016 while in law enforcement custody, from 9 minutes
1 Docket 78 (Gov. Opp’n to Def. Mot.); Docket 100 (Def. Reply).
Case 3:16-cr-00058-SLG Document 161 Filed 10/31/16 Page 1 of 2

3:16-cr-00058-SLG, USA v. Arnold Wesley Flowers, II and Miranda May Flowers
Order re Pre-Miranda Statements
Page 2 of 2
and 51 seconds until prior to Detective Adair’s Miranda advisement at approximately 19
minutes and 43 seconds into the recording at Plaintiff’s Exhibit 1, are SUPPRESSED.
Defendant 	Wesley 	Flowers’s 	statements 	made 	to 	Detective 	Adair 	or 	other 	law
enforcement officers following the Miranda advisement on March 29, 2016 are NOT
SUPPRESSED.
DATED this 31st day of October, 2016 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:16-cr-00058-SLG Document 161 Filed 10/31/16 Page 2 of 2