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United States v. Wilkerson

February 1, 2010

UNITED STATES OF AMERICA
v.
NATHANIEL WILKERSON



The opinion of the court was delivered by: Juan R. Sánchez, J.

MEMORANDUM

Defendant Nathaniel Wilkinson*fn1 seeks to suppress evidence found when two police officers entered a residence pursuant to Wilkinson's consent and searched a bag he was attempting to conceal to ascertain if the bag contained a weapon. Wilkinson further seeks the suppression of statements he made after he was placed under arrest. Wilkinson's Motion to Suppress the narcotics evidence is denied because the contents of the bag were revealed during a valid search, but this Court will suppress Wilkinson's un-Mirandized statements insofar as the Government attempts to introduce those statements during its case-in-chief at trial.

FINDINGS OF FACT

1. On December 1, 2008, at approximately 9:54 p.m., patrolling Philadelphia Police Officers Thomas Kolenkiewicz and Melissa Curcio received a radio dispatch stating there had been an armed robbery by two black males at 1536 South 8th Street.

2. The dispatch included a partial description of the clothing worn by the robbers, describing the suspects as two black males wearing black jackets and black hats. One suspect was further described as short.

3. Officers Kolenkiewicz and Curcio drove to 1536 South 8th Street and attempted to interview the two robbery victims, who did not speak much English. The victims entered the patrol car and sat in the backseat. One victim informed the officers the suspect was a black male who had gone in the direction of Dudley Street.

4. With the victims in the patrol car, Officer Curcio drove about three blocks down 8th Street. She turned left onto Dudley Street. She and Officer Kolenkiewicz observed two black males walking on the sidewalk on Dudley Street, toward the patrol car. The males were approximately half a block away.

5. Upon observing the patrol car, the two men quickly entered a residence the officers believed to be located at 723 Dudley Street. Officers Curcio and Kolenkiewicz saw the screen door of the residence at 723 Dudley Street shut.

6. Officer Curcio parked the patrol car in the middle of the street. As she exited the vehicle, she observed the inner door of 723 Dudley Street was ajar. She could see into the house, and she observed Wilkinson inside.

7. Officer Curcio asked the Defendant if the officers could come inside to speak with him. Wilkinson, who was wearing a dark green hoodie, agreed and opened the door. Both officers entered the residence.

8. Wilkinson asserted the home belonged to his mother and, in response to the officers' questioning, said no other black male was present in the residence.

9. The officers observed Wilkinson making nervous, jittery motions after the officers entered the residence.

10. Officer Curcio walked to the separate kitchen area of the home to ascertain whether another male was present.

11. Meanwhile, Officer Kolenkiewicz remained with Wilkinson in the living room, which opened up to the adjacent dining room area. No door separated the dining room from the living room. Officer Kolenkiewicz observed Wilkinson move to the dining area and pick up a black-and-white bag ...


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