First, Plaintiff asserts that his decision to come to the police station was involuntary due to the behavior of the officers who confronted him in front of his apartment. As an initial matter, Plaintiff has put forward no evidence suggesting that this behavior is traceable to Detective Pak. Beyond that, however, the undisputed evidence in this case reveals that Machie voluntarily went to the police station to answer questions. While the police conducted a search of Machie’s car and cellular phone, Machie never gave any indication that he objected to the search. Doc. No. 98-3, at 245:15-246:2. Moreover, when the officers were talking to Machie, they never told him that he had to come down to the police station. They merely told Machie, “since you’re police, we need your help,” to which Machie responded, “okay, as far as the police are, I’m listed as an infrograd, so I’m cooperating with the police – with all the law enforcement.” Id. at 247:7-21. In addition, the undisputed evidence reveals that Machie was driven to the station by the officers because he had been drinking. Id. at 247:22-248:1. In the process of taking Machie to the police station, a law enforcement officer informed Machie, “You are not under arrest. You are not under investigation.” Id. at 248:2-9. Machie was then told that an officer would drive him back to his car once he was done. Id. at 248:10-13. Machie sat in the front seat of the police car for the ride to the station. Id. at 248:14-16. At this point, Machie considered himself to be “helping” the
Posted on: Wed, 03 Jul 2013 03:23:15 +0000
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