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David Muña Sablan claims illegal interrogations
A man facing charges in federal court for leaving behind two bags in Garapan that later turned out to have chemicals and items for making methamphetamine or “ice” now wants the court to suppress his statements to police officers that he made in response to the officers’ “illegal interrogations.”
David Muna Sablan, 38, said that when police arrested him at the American Memorial Park last March 15, the officer did not inform him of his rights, including a right to a lawyer.
At that time, Sablan said, he answered the questions of police officer John Hofschneider.
“Officer Hofschneider did not tell me I had a right to remain silent. He did not tell me that anything I said could not be used against me,” he said.
Sablan’s declaration was attached in support of his motion to suppress and motion to compel discovery that he filed last week in the U.S. District Court for the NMI.
Sablan said a short time after his statements to Hofschneider, while still arrested, Drug Enforcement Administration special agent Kirk Johns and another officer asked him questions and that he responded.
He said it was only after several hours later that Johns and another officer gave him Miranda warnings about remaining silent and that he has a right to an attorney.
Sablan recalls signing that form but having already answered their questions.
Sablan, through his court-appointed counsel Janet H. King, said all his statements must be suppressed because Sablan did not voluntarily initiate any communications with the law enforcement officers and that those were obtained in a coercive environment.
King said the U.S. government cannot meet its burden to establish that Miranda warnings were properly administered to Sablan.
