United States v. Cloud
| Decision Date | 10 August 2021 |
| Docket Number | 21-cr-14 (MJD/LIB) |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. RALPH EDWARD CLOUD, JR., Defendant. |
| Court | U.S. District Court — District of Minnesota |
REPORT AND RECOMMENDATION
This matter comes before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636 and Local Rule 72.1, and upon Defendant Ralph Edward Cloud, Jr.'s (“Defendant”) Motion to Suppress Statements Admissions, and Answers On and After September 13, 2020 [Docket No. 45], Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure (Warrants), [Docket No. 47], and Defendant's Motion to Suppress Evidence Obtained as a Result of September 13, 2020 Warrantless Searches and Seizures, [Docket No. 48]. The Court held a Motions Hearing on May 27, 2021, regarding the parties' pretrial motions at which the parties requested the opportunity to submit supplemental briefing on the present motions. The supplemental briefing was completed on July 16, 2021, after which Defendant's Motion to Suppress Statements, Admissions, and Answers On and After September 13, 2020, [Docket No. 45], Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure (Warrants), [Docket No. 47], and Defendant's Motion to Suppress Evidence Obtained as a Result of September 13, 2020 Warrantless Searches and Seizures, [Docket No. 48], were taken under advisement.[1]
For the reasons discussed herein, the Court recommends that: Defendant's Motion to Suppress Statements, Admissions, and Answers On and After September 13, 2020, [Docket No. 45], be GRANTED in part and DENIED in part; Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure (Warrants), [Docket No. 47], be DENIED; and Defendant's Motion to Suppress Evidence Obtained as a Result of September 13, 2020 Warrantless Searches and Seizures, [Docket No. 48], be DENIED.
Defendant is charged with one count of murder in the second degree, in violation of 18 U.S.C. §§ 1111, 1151, and 1153(a). (Indictment [Docket No. 1]).
Shortly after midnight on September 13, 2020, the Red Lake Tribal Police Department received a report that somebody was dead at a residence in Little Rock, Minnesota, on the Red Lake Indian Reservation (the “Smith Residence”) and there was blood all over. (Def.'s Ex. 5, at 1). Allen Smith and Darrick Smith both lived at the Smith Residence, and they are both first cousins of Defendant. (Tr. [Docket No. 78], at 72-73, 78). Red Lake police officer Kendal Kingbird (“Officer Kingbird”) arrived at the Smith Residence and was informed that there was a deceased individual inside the residence. (Def.'s Ex. 4, at 5). Officer Kingbird entered the residence, and he located Allen Smith who was unresponsive. (Id. at 5-6; Tr. [Docket No. 78], at 72). Red Lake EMS subsequently confirmed that Allen Smith was deceased. (Def.'s Ex. 4, at 6). By approximately 12:47 a.m. Red Lake police officers had conducted a sweep and confirmed that no one else was inside the Smith Residence. (Def.'s Ex. 5, at 2).[2] However, law enforcement maintained a continuous presence outside the Smith Residence until a search warrant was obtained and executed on the residence at approximately 5:57 a.m. (Id. at 7; Tr. [Docket No. 78], at 81-84; Def.'s Ex. 6, at 1).
After receiving notification of the reported homicide, the Federal Bureau of Investigation (“FBI”) began an investigation, and several federal agents responded to the scene to assist. (See, e.g., Tr. [Docket No. 78], at 27-29). FBI Special Agent Justin Montgomery (“SA Montgomery”) was originally the case agent assigned to the investigation. (Id. at 69).
In the early morning hours of September 13, 2020, FBI Special Agent Christopher S. Dudley (“SA Dudley”) received a call about the reported homicide at the Smith Residence. (Tr. [Docket No. 78], at 26-28). SA Dudley responded to the Smith Residence at approximately 1:00 a.m., and he parked his unmarked FBI vehicle on the highway near the driveway to the Smith Residence. (Id. at 27-29, 31, 80). After arriving at the Smith Residence, SA Dudley learned that other agents were conducting witness interviews elsewhere. (Id. at 29). SA Dudley also learned that Defendant was a suspect in the homicide based on witness interviews that had been conducted, as well as, social media posts. (Id. at 29-30). Moreover, SA Dudley learned that Defendant was believed to be at his residence (the “Cloud Residence”), and a Red Lake investigator and tribal officer were on their way to that location. (Id. at 30).
SA Dudley agreed to assist the tribal law enforcement officers at the Cloud Residence. (Id.). SA Dudley then exited his vehicle, and he put on body armor and a helmet. (Id. at 31, 32). SA Dudley did not exit his vehicle at the Smith Residence other than to put his body armor and helmet. (Id. at 81). SA Dudley followed tribal law enforcement vehicles, that were then driving past his location, to the Cloud Residence. (Id. at 30, 32). Two or three Red Lake police officers arrived at the Cloud Residence before SA Dudley. (Id. at 87).
Upon arriving at the Cloud Residence, SA Dudley parked his unmarked FBI vehicle in the driveway, secured his rifle, and exited his vehicle. (Id. at 33). Red Lake Criminal Investigator Jonathan Richards (“CI Richards”) and Officer Kingbird had already approached and entered the Cloud Residence through the back door. (Id. at 90).
At around 2:30 a.m., SA Dudley approached the back door of the Cloud Residence. (Id. at 34-35, 80). SA Dudley was wearing his body armor and helmet, and he held his AR-15 style rifle slung over his shoulder with the muzzle pointing down. (Id. at 88-89). SA Dudley remained on the back porch without entering the Cloud Residence, and he observed CI Richards and Officer Kingbird placing Defendant in custody. (Id. at 35, 90-91). Defendant was compliant with the tribal officers, and although there were other people on the porch and in the Cloud Residence, SA Dudley did not perceive that they were a threat to law enforcement. (Id. at 35-36, 89-91). After observing that Defendant was being cooperative and that the other individuals did not pose a threat to law enforcement, SA Dudley decided to attempt to take a statement from Defendant. (Id. at 86).
Shortly thereafter, the tribal police officers exited the Cloud Residence with Defendant, who was handcuffed. (Id. at 37-38). The tribal officers brought Defendant to their vehicles in front of the Cloud Residence, and SA Dudley continued to his vehicle. (Id. at 38). While Defendant was near the tribal police vehicles, he was given a breathalyzer test, and the result was .067. (Id. at 41-42, 44-45, 54).
SA Dudley removed his body armor and helmet, and he put his rifle away. (Id. at 38, 94). SA Dudley then moved to the front of his vehicle where he planned on interviewing Defendant. (Id. at 39). After SA Dudley indicated that he was ready to speak with Defendant, CI Richards and Red Lake police officer Joseph Heyer (“Officer Heyer”) walked Defendant to the front of SA Dudley's FBI vehicle. (Id. at 42-43, 95).
Defendant was still handcuffed when he arrived at SA Dudley's FBI vehicle. (Id. at 42, 47). Defendant had some dried blood on the side of his head from what appeared to SA Dudley to be some type of laceration.[3] (Id. at 47, 55). SA Dudley introduced himself, and he asked if Defendant was looking to receive medical treatment. (Gov't's Ex. 1, at 00:15-00:30). Defendant stated, “yeah, I guess so.” (Id. at 00:30). SA Dudley asked if he was “okay right now, ” and Defendant affirmatively responded, “yeah, I'm alright.” (Id. at 00:35; see also, Tr. [Docket No. 78], at 48). SA Dudley then proceeded to interview Defendant. (Id. at 43). The entire interview was recorded.[4] (Id. at 43-44; see also, Gov't's Ex. 1). The interview took place in front of SA Dudley's FBI vehicle, and the recorder was placed on the hood of the vehicle. (Tr. [Docket No. 78], at 44-45, 95). During the interview, SA Dudley was standing in front of the truck on the driver's side, CI Richards was standing to SA Dudley's left, and Defendant was standing in front of the truck on the passenger's side. (Id. at 51-52). Officer Heyer was behind Defendant when the interview began, but he stepped back shortly thereafter. (Id. at 52, 56, 96-99). SA Dudley was casually dressed, CI Richards was in plainclothes, and Officer Heyer was in uniform. (Id. at 45-46, 94-95). The law enforcement officers' weapons were holstered throughout the interview. (Id. at 46, 57).
At the outset of the interview, SA Dudley informed Defendant of his Miranda rights as follows:
Before I ask you any questions you have to understand your rights, okay. You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you can't afford a lawyer, one will be appointed to you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. Um, okay, so even if you wanted to talk to me, anything you don't want to answer or if you want to stop, you're welcome to at any time.
(Gov't's Ex. 1, at 00:40-1:10). After SA Dudley completed reading the entire Miranda warning, he asked Defendant, “do you understand the rights that I've just read to you? (Id. at 1:10). Defendant clearly responded, “yes.” (Id.). SA Dudley then asked Defendant, “understanding these rights are you-are you willing to talk to me about what happened tonight? (Id. at 1:15). Defe...
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