Sample Forms and Colloquies

attempt to engage him in any conversation about the incident, except for the preliminary
investigative questions asked by Officer Werster upon his arrival at the scene.
10. Defendant did not offer any evidence at the suppression hearing.
Upon the foregoing findings, all found by at least a preponderance of
the evidence, the Court concludes as a matter of law that:
1. None of the defendant's constitutional rights, either Federal or State,
was violated by the statements made by him to police officers;
2. At the time that Officer Werster asked questions of the Defendant
prior to his arrest, the Defendant was not in custody nor was his freedom of
movement being restrained so as to constitute a custodial situation. None of the
conduct of Officer Werster would reasonably have communicated to the Defendant
that he was in custody prior to his arrest.
3. After Defendant’s arrest, neither Officer Werster, Officer McCauley,
nor Sgt. Lari asked the Defendant any questions nor sought to engage him in any
conversation about the incident under investigation.
4. The statements made by the Defendant to Officer Werster at the
scene of his arrest were made prior to the arrest and at a time that Defendant was
not in police custody.
5. The statements made by Defendant in the presence of Officer
McCauley and Sgt. Lari were statements volunteered by the Defendant and made
not in response to any question posed or conversation prompted by any law
enforcement officer.
6. No promises, offers of reward, or inducements for defendant to
make a statement were made;
7. No threat or suggested violence or show of violence to persuade
defendant to make a statement were made;
8. Each of the statements made by defendant to Officer Aaron Werster,
Officer Chris McCauley and Sgt. Michael Lari on December 10, 2002, was made
freely and voluntarily;
IT IS, THEREFORE, ORDERED that the Defendant’s Objection to the admission
into evidence of the oral statements made by the Defendant to Officers Aaron Werster
and Chris McCauley and to Sgt. Michael Lari on December 10, 2002, is hereby
OVERRULED. The Defendant’s Motion to Suppress such evidence is DENIED.