United States v. Infante, No. 11-2156 (1st Cir. 2012)Annotate this Case
Appellant was charged with five criminal offenses based on the discovery of marijuana plants and pipe bombs in his home. Appellant filed motions to suppress the evidence seized from his home and his statements to law enforcement. The district court denied both motions. Appellant thereafter pled guilty to four counts of the indictment conditioned on his right to appeal the denial of his motions to suppress. The First Circuit Court of Appeals affirmed, holding that the district court did not err in denying Appellant's suppression motions, as (1) the evidence seized from Appellant's home was discovered pursuant to a warrantless search justified pursuant to the emergency exception to the warrant requirement; and (2) Appellant's statements to investigators were correctly admitted into evidence, as Appellant was not in custody during the interviews, obviating the need for Miranda warnings and for heeding Appellant's invocation of his rights to remain silent and to have counsel present.