MOTION TO SUPPRESS.pdf

Douglas Jensen is moving to suppress statements and derivative evidence in his case, citing illegal detention, lack of Miranda warnings, and involuntary statements. On January 6, 2021, Jensen went to the Des Moines Iowa Police, sleep-deprived, and was not free to leave until he completed his interview with authorities, including an FBI agent. During the four-hour interview, Jensen was not Mirandized, and an FBI agent stated it was a "custodial interview" before leaving the room. Later, another agent asked Jensen to go outside for a smoke, and upon his return, the interview resumed, with Jensen signing a consent to search his cell phone. At the conclusion, an agent stated it was a "non-custodial" interview, which Jensen was not present for. Jensen argues that his statements must be suppressed due to illegal detention, lack of Miranda warnings, and involuntary statements. The government bears the burden of establishing probable cause for the detention, and Jensen's statements were made under coercive circumstances, including sleep deprivation and enclosure in an interrogation room.