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United States v. Patane

United States Supreme Court
542 U.S. 630 (2004)



Samuel Francis Patane (defendant) was arrested and placed under a temporary restraining order for harassing his ex-girlfriend. Colorado Springs Police were investigating allegations that Patane violated the order by calling his ex-girlfriend, and the Bureau of Alcohol, Tobacco and Firearms (ATF) was investigating reports that Patane illegally possessed a gun. Patane was arrested, and an officer began to give the Miranda warnings. Patane claimed he knew his rights and cut the officer off. The officer then asked about the gun, and Patane reluctantly allowed the officer to seize it. Patane was indicted by a grand jury for illegally possessing the gun. Patane moved to suppress the gun on the basis that the gun was the fruit of Patane’s unwarned statements. The district court suppressed the gun, but did so on the grounds that there was no probable cause to arrest Patane. The appellate court reversed the finding that there was no probable cause, but upheld the suppression on the basis of Patane’s original argument. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Thomas, J.)

Concurrence (Kennedy, J.)

Dissent (Souter, J.)

Dissent (Breyer, J.)

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