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United States v. Sharp

United States District Court, Sixth Circuit

December 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
MEIESHA SHARP, Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, Jr., District Judge.

This matter is before the Court on Defendant's Motion to Suppress Evidence [DN 45]. Fully briefed, this matter is ripe for decision.

I. BACKGROUND

This case arises out of the arrest of Ms. Meiesha Sharp on June 29, 2012 by the Henderson County Police Department for the robbery of Fifth Third Bank located at 1555 South Green Street, Henderson, Kentucky. Shortly after apprehending Ms. Sharp, police officers took Ms. Sharp to the Henderson Police Department in order to question her about the robbery. While at the Henderson Police Department, police officers from the Henderson Police Department, the Henderson County Sheriff's Office, and the Federal Bureau of Investigation interrogated Ms. Sharp concerning not only the robbery of Fifth Third Bank but also the robbery of Hayes Oil located at 3671 U.S. Highway 41A, Henderson, Kentucky and the Kangaroo Express located at 1308 Atkinson Street, Henderson, Kentucky.

Detective Alto Lee with the Henderson Police Department and Detective John Book with the Henderson County Sheriff's Office began the interrogation of Ms. Sharp by orally advising her of her Miranda rights as well as obtaining two signed Miranda waivers, one produced by the Henderson Police Department and the other by the Henderson County Sheriff's Office. After advising Ms. Sharp of her rights, Detectives Lee and Book questioned Ms. Sharp about the robbery at Fifth Third Bank. Ms. Sharp confessed to robbing the Fifth Third Bank as well as brandishing a gun during the robbery of the bank.

Following questions concerning the robbery of Fifth Third Bank, Detectives Lee and Book started to inquire whether Ms. Sharp had committed any other similar robberies in the Henderson. Ms. Sharp responded by stating that she had never been involved in a robbery prior to the one at Fifth Third. [June 29, 2012 Tr., Gov't Ex. 6, at 20]. Detective Book then suggested that there might be a video and DNA from a previous robbery that implicated her. Again, Ms. Sharp stated, "It's my first time ever doing anything like this." Id. at 21. After this denial of involvement in anther robbery, the questioning continued as follows:

DET BOOK: Okay, I want you to think real hard, okay, about some other, about another incident.
M SHARP: Mmm hmm.
DET BOOK: Alright. Whether you did this one, or whether there's been 4, 5, 10, 3, you know, since you've been here that you've done, okay, it's not going to compound anything. They're not going to run sentences after sentences after sentences, on you, okay? What's going to hurt you is if we have to wait and for DNA and for processing to come back on some of these other places, okay?
...
DET BOOK: Okay. But what, what I'm trying to explain and what, what Alto was saying is whether you've done one or 5, it's all the same right now.
...
M SHARP: A business. I swear to you, I've never committed any crime before, this is my first time ever. My first time ever doing anything like this.
DET BOOK: Meiesha, on the video, you're wearing the same clothing, you've got the same gun, the same speech...
DET LEE: Soft.
DET BOOK: Big brown eyes. Okay?
DET LEE: Listen...
DET BOOK: Let's get it taken care of right now.
DET LEE: Nobody's trying to pin anything on you, Meiesha, what we're trying to do is make you understand that you need to get everything taken care at once.

Id. at 22-23. Ms. Sharp then confessed to robbing Hayes Oil without further prompting by either detective. Similar to Ms. Sharp's confession concerning Fifth Third Bank, she told the detectives about how she robbed Hayes Oil.

After discussing the robbery of Hayes Oil, Detectives Lee and Book left the room for about five minutes. Detective Lee returned with Detective Preston Herndon from the Henderson Police Department in order to ask Ms. Sharp about the robbery at the Kangaroo Express. After ...


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