United States District Court, D. Montana, Billings Division
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS
P. WAITERS UNITED STATES DISTRICT JUDGE.
the Court is Defendant William Curtis Hill Jr.'s Motion
to Suppress Defendant's Statement. (Doc. 29.) The
Government has filed a response (Doc. 39), and this motion is
ripe for a ruling.
February 22, 2019, law enforcement searched Hill's
residence and discovered over thirty grams of
methamphetamine. (Docs. 30 at 1-2, 39 at 2.) The case was
referred to FBI Task Force Officer Moffet (TFO Moffet) for
further investigation. (Doc. 39 at 2.) Hill was on probation
at the time and was required to report regularly to his
probation officer, Kelvin Harrell (PO Harrell). (Docs. 30 at
1-2, 39 at 2.) In early April, Hill received a text from PO
Harrell ordering him to report to the probation office on the
afternoon of April 17, 2019. (Doc. 30 at 2.) When Hill met PO
Harrell, PO Harrell escorted him to a room where TFO Moffet
and TFO Michael Robinson were waiting to interview him.
Moffet briefly explained the officers' purpose for
meeting with Hill, began recording the interview, and asked
Hill basic identification questions. (Doc. 30-A at
0:20-1:15.) TFO Moffet then read Hill his Miranda
rights using the FBI's Advice of Rights form (Doc. 30-B).
They had the following exchange:
TFO Moffet: Alright, I already explained a little bit to you
about why we're here. I'm gonna-urn-read you your
rights now so that you can understand those okay?
TFO Moffet (reading from the FBI's Advice of Rights
form): Before we ask you any questions, you must understand
your rights. 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 cannot afford a lawyer, one will
be appointed for you before any questioning if you wish. If
you decide to answer any questions now without a lawyer
present, you have the right to stop answering at any time.
TFO Moffet: You understand all that?
TFO Moffet: Okay. Why don't you sign right here saying
that you understand that-everything I just read to you?
Hill: (signs under the "CONSENT" section of the
FBI's Advice of Rights ...