McGill

Order Denying Defendant’s Motion to Suppress

Defendant moves the Court for an order suppressing evidence which Carnival staff collected on board the Elation, including any statements he made to Carnival staff after they took him into custody. Defendant argues Carnival staff acted jointly with the government, at the government’s behest, and for the government’s benefit, in an area traditionally reserved for law enforcement. Defendant concedes that under the circumstances, Carnival staff could detain him, enter his cabin to determine Mrs. McGill’s well-being, and gather evidence which was in plain sight. However, defendant argues Carnival staff needed to obtain a warrant before they searched his cabin or backpack. Defendant also argues the law required Carnival staff to advise him of his Miranda rights before questioning him.

The parties initially briefed the suppression issue and presented oral arguments during a hearing on September 28, 2009. The Court then held an evidentiary hearing on January 26, 2010, regarding the extent of the government’s direction and participation in Carnival’s investigation of Mrs. McGill’s death on board the Elation. The parties submitted further…