United States District Court, D. Montana, Great Falls Division
MEMORANDUM AND ORDER
Morris United States District Court Judge
Brian Eagle (Eagle) is charged by Indictment with one count
of abusive sexual contact in violation of 18 U.S.C.
§§ 1153(a) and 2244(a)(1). The charge arises from
an incident that allegedly occurred on the Fort Peck Indian
Reservation on or about February 7, 2018. The Government
alleges that Eagle engaged in sexual contact with a juvenile
female identified as O.M. while O.M. was taking a shower in
her home. Tribal law enforcement officers arrested Eagle
shortly after the incident. Eagle was placed in tribal
special agent Dave Burns and Tribal Criminal Investigator
Sean Red Boy interviewed Eagle on February 8, 2018, and on
May 3, 2018, at the Fort Peck Tribal Adult Detention Center
in Popular, Montana. Both interviews were recorded. A CD
recording of the February 8, 2018, interview has been filed
as Exhibit 501. A CD recording of the May 3, 2018, interview
has been filed as Exhibit 502.
has moved to suppress all of the statements that he made
during the interviews as well as “all evidence
derived” from the interviews. (Doc. 16 at 8). The
Government opposes the motion.
Court conducted a hearing on the motion on August 16, 2018.
The Government presented testimony from Agent Burns. The
parties submitted supplemental briefs on August 17, 2018.
(Docs. 33, 34).
Court makes the following factual findings based on the
exhibits in the record and the testimony presented at the
Interview on February 8, 2018
Burns began the interview process on February 8, 2018, by
presenting Eagle with a Miranda “Advice of
Rights” form. (Doc. 16-1). Agent Burns asked Eagle if
he was able to read the Advice of Rights form. Eagle
responded that he could. Eagle read the Advice of Rights form
aloud. Agent Burns asked Eagle if the Advice of Rights form
made sense to him. Eagle responded that it did. The Advice of
Rights form stated as follows:
“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