U.S. v. NOVITSKY

No. CR. A. 01-CR-291-WM.

208 F.Supp.2d 1181 (2002)

UNITED STATES of America, Plaintiff, v. Sergei NOVITSKY, Defendant.

United States District Court, D. Colorado.

July 1, 2002.


Attorney(s) appearing for the Case

George E. Gill, Gregory E. Goldberg, U.S. Attorney's Office, Denver, CO, for U.S.

Janine Yunker, Fed. Public Defenders Office, Denver, CO, Harvey Abe Steinberg, Springer & Steinberg, P.C., Denver, CO, Kenneth Frank Eichner, Eichner Law Firm, Denver, CO, for defendant.


AMENDED ORDER ON MOTIONS TO SUPPRESS

MILLER, District Judge.

This case is before me on defendant's motions to suppress the firearm seized on June 9, 2001, and his statements made on that date to two Aurora police officers. For the reasons that follow, I conclude that the seizure of the firearm was unreasonable and that the statement that the handgun was a "toy," although a voluntary utterance and not the result of custodial interrogation, must likewise be...

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