United States v. Crooker, No. 10-2372 (1st Cir. 2012)Annotate this Case
Crooker was charged with possession of firearms and ammunition by an unlawful user of a controlled substance, 18 U.S.C. 922(g)(3), and possession of marijuana, 21 U.S.C. 844. He was convicted of possession of marijuana and fined $4000. The First Circuit affirmed, upholding the district court's denial of a motion to suppress statements and evidence recovered during the search of the residence where he lived with his parents and brothers. Given the familiarity of the surroundings in which
Crooker was questioned, the calm and peaceable nature of the conversations, and the lack of physical restraint or show of force during questioning, Crooker was not in custody for Miranda purposes. In light of secretive conversations between Crooker’s father and uncle about the biological toxin ricin, their discussion about moving the uncle’s possessions while the uncle was incarcerated, and information provided by confidential informants, including information that the uncle had buried ricin in Crooker's backyard, there was probable cause to believe that evidence of the enumerated crimes would be found at Crooker's house.