U.S. v. Swanson

Federal 7th Circuit Court
Criminal Court
Confession
Citation
Case Number: 
No. 10-2178
Decision Date: 
March 24, 2011
Federal District: 
N.D. Ill., W. Div.
Holding: 
Reversed and remanded
In prosecution on unlawful possession of unregistered firearm charge, Dist. Ct. erred in denying defendant's motion to suppress statements made with respect to ownership and location of said firearm where defendant's statements came while he was in custody on unrelated state charge and prior to any receipt of Miranda warnings. Ct. rejected govt. argument that said statements were voluntary where: (1) prior to defendant's oral statement, police presented defendant with arrest warrant on said state charge and with court order directing him to turn over all firearms in his possession; (2) police repeatedly directed defendant to comply with court order; and (3) defendant had failed to take medication for his mental disease at time of statement. Fact that defendant gave separate written statement two hours after his oral statement and after he had received Miranda warnings did not require different result where two-hour gap was insufficient to remove taint from first improperly obtained confession.