2:25-cr-20017•USA v. Rasi
Testo completo
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) No. 2:25-cr-20017-MSN v. SEYED FATEH CHAPARI RASI, Defendant. REPORT AND RECOMMENDATION ON MOTION TO SUPPRESS Before the Court is Defendant Seyed Fateh Chapari Rasi’s Motion to Suppress, filed July 14, 2025. (ECF No. 56.) The United States responded in opposition on August 11, 2025. (ECF No. 65.) District Judge John T. Fowlkes, Jr. referred the motion to the undersigned for report and recommendation on July 15, 2025. (ECF No. 57.) The case was subsequently transferred to District Judge Mark S. Norris. (ECF No. 78.) The Court held a hearing on September 17, 2025. (ECF No. 72.) At the hearing, the United States called no witnesses and introduced into evidence five exhibits: a drive containing video files of an interview (Exhibit 1), a search warrant (Exhibit 2), the Criminal Complaint in this case (Exhibit 3, also at ECF No. 1-1), a report from the Germantown Police Department (Exhibit 4), and a form entitled Miranda Statement of Rights (“Miranda waiver form”) (Exhibit 5). Following the hearing, on September 29, 2025, the United States moved to supplement the record with the Affidavit of Jonathan Williams. (ECF Nos. 74, 74-1.) That motion was granted on September 30, 2025. (ECF No. 75.) The United States filed its motion to Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 1 of 29 PageID <pageID>
2 supplement, and the supplemental affidavit, under seal, explaining that the documents “disclosed sensitive investigative capabilities that may compromise the success of other future criminal investigations.” (ECF No. 74-1 ¶ 5.) The motion and affidavit do indeed appear to contain such material and thus will remain under seal. In addition, the portion of this Report and Recommendation discussing that material is filed under seal as an attachment to this docket entry. After careful consideration of the statements of counsel, the evidentiary exhibits, the supplemental affidavit, and the entire record in this case, the Court recommends that the motion be granted in part and denied in part. PROPOSED FINDINGS OF FACT I. The Underlying Factual Allegations According to the Criminal Complaint (ECF No. 1-1), this case arises from an alleged cryptocurrency investment scam. In April 2024, the victim, K.X., a resident of Germantown, Tennessee, responded to an online job posting and was ultimately contacted by a supervisor named Jason. Though K.X. decided the positions were not suitable for her, she maintained contact with Jason, who began to instruct her in cryptocurrency investing. On Jason’s advice, K.X. began investing and downloaded the CoinMetro app to track her investments. K.X.’s first two investments involved transfers ($2,500 and $9,500) from her Crypto.com account. Her next three investments, however, were made in cash. On each of those occasions, two men met K.X. at her home to collect the cash ($200,000, $300,000, and $300,000), giving K.X. a dollar bill with a serial number that matched a “password” previously provided to K.X. by “Customer Service.” After the collection, K.X.’s CoinMetro App balance would increase in the corresponding amount. In July 2024, Jason convinced K.X. to liquidate her Charles Schwab Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 2 of 29 PageID <pageID>
3 account and wire two transfers of $100,000 each for further investing. In August, K.X. wanted to withdraw her funds and was told she would have to pay taxes first. She then wired a total of $300,000 for those purported taxes. In November, Jason admitted to K.X. that her funds had not been invested but instead used to fund his own business. He told her that her tax liability was $1,500,000 but that he would cover $1,100,000 if she could pay the remaining $400,000. K.X. then wired a total of $410,000, which Jason claimed was never received. In January 2025, K.X. told her children about the situation, and they discovered that she had been interacting with a fraudulent website and contacted the Germantown Police Department (“GPD”). (ECF No. 65, at 2.) GPD and the FBI then worked with K.X. to set up a sting operation. K.X. offered to make Jason an additional $150,000 payment, and Customer Service indicated that a courier would come pick it up, again providing K.X. with a verification password. On February 3, 2025, Rasi arrived at K.X.’s home, gave her the previously provided password (a serial number on a $10 bill), took the cash (FBI funds), and drove away. GPD then pulled Rasi over, arrested him at 11:52 a.m., and seized the cash and cell phone found in his car. II. The Custodial Interview Rasi was taken to a GPD facility and placed in a video-recorded interview room with two Secret Service employees—Special Agent Morgan Morgan and Investigative Analyst Joseph McGill. This initial interview is recorded in Exhibits 1.1, 1.2, and 1.3.1 The interview begins 1 The footage provided in Exhibit 1 is separated into thirteen separate files. The file names are numbered 1 through 13, and the files shall be referred to herein as Exhibits 1.1 through 1.13 correspondingly. All time-stamp citations herein are approximate and refer to the time elapsed on the video file, not the time of day. The Court has reviewed all thirteen files. The description herein of what is captured in that footage is not exhaustive and instead is limited to the interactions necessary to decide Rasi’s Motion. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 3 of 29 PageID <pageID>
4 with Morgan confirming with Rasi that he speaks English. (Ex. 1.1, at 5:15.) Though Rasi is initially handcuffed, officers remove the handcuffs. (Id. at 7:30.) Morgan confirms that Rasi can read and write English as well. (Id. at 8:06.) He then shows Rasi the Miranda waiver form (Ex. 5) and goes through it with him. When asked to sign, Rasi says, “I prefer to have a lawyer.” (Ex. 1.1, at 9:09.) Morgan continues to talk to Rasi and ask him questions, telling him that he is currently only facing state charges and that, if Rasi cooperates with them, they will try to keep everything at the state level versus going to the federal level. Morgan explains his desire to locate the “next piece of the puzzle,” his belief that Rasi is not the “top dog,” and his advice that, “if you are, I wouldn’t talk to me either.” (Id. at 9:46.) Rasi again says, “I prefer to have a lawyer.” (Id. at 10:06.) Morgan confirms that Rasi does not already have a lawyer, states that he will need a court-appointed lawyer, and tells Rasi they will not ask him any more questions and will let GPD “start the processing.” (Id. at 10:14.) Morgan then asks Rasi if he has any questions, and Rasi says he wants to let his mother know what has happened so that she will not worry. As Morgan is preparing to leave the room, he asks Rasi, “Maybe we’ll talk tomorrow, the next day, if you have an attorney with you? Do you want to talk once you get an attorney?” (Id. at 11:53.) Rasi asks him to “explain how it works, I have to call someone?” Morgan explains that Rasi can hire a lawyer or have one appointed if he cannot afford to hire one, and then they can talk. Rasi asks when he can get a lawyer and is told his first court appearance will be Wednesday night (two days later), that he will stay in custody at GPD until then, and that it is unknown whether he can get an attorney before then. Morgan then says, “These guys here know how to get in touch with me, so if you change your mind,” and Rasi interrupts, “So what’s going to make different if I talk to you?” Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 4 of 29 PageID <pageID>
5 (Id. at 13:58.) Morgan explains that, if Rasi talks to him, he can tell the judge that Rasi was cooperative and helped further the investigation and that they would not seek federal charges. He states that he cannot guarantee anything but would ask for leniency. Rasi says he will do whatever it takes but first wants to let his mother know. (Id. at 14:53.) Rasi expresses that he is worried about getting into trouble or fights in jail and is told that the Germantown jail is small and fights do not really happen there. (Id. at 15:35.) Morgan and McGill leave, and Rasi continues to ask questions of the officer who stays in the room (Gatlin) about what will happen next. He also makes statements about not being in trouble before and working hard to support his mother. The officer also explains that, as Germantown is a smaller city, they only have court one day a week, on Wednesday. Morgan returns and says Rasi can call his mother as long as he does so on speakerphone. (Id. at 21:17.) Morgan asks if Rasi wants them to leave the room, and Rasi responds that it does not matter. As the call is placed, Rasi asks what he should tell her, and the officers respond to tell her the truth. Rasi and his mother have a conversation in Farsi. (Id. at 32:50.)2 After the conversation, Morgan asks if she gave him any recommendations, and Rasi says he did not do anything bad and does not know what is going on behind the scenes. (Ex. 1.1, at 36:32.) Morgan says he does not want to talk about it unless Rasi wants to talk about it. Rasi does not directly respond but begins to explain what happened. 2 The United States provided a summary of a translation of that conversation. (ECF No. 65, at 4.) Rasi told his mother that “they are good people here” who “have my back,” that she should inform Amir about what happened, that she can reach him at Amir Exchange, that “the money was for the exchanger,” “that they know everything and are not children,” “that the person never told him there was money in the box,” and that “the person just asked him to ‘deliver the box.’” (Id.) Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 5 of 29 PageID <pageID>
6 Rasi says that he was interested in going to California for a nice vacation and wanted to help his mother have an easy life. (Id. at 37:10.) Morgan tells Rasi that he has rights, including the right to have an attorney that they had talked about already, but that it sounds like Rasi wants to talk and references the form that Rasi declined to sign. Morgan tells Rasi that he has the option to talk now or wait after a couple of days in jail. Rasi says he does not want to go to jail. Morgan explains that he is federal police and wants to know the details of what happens and that, if Rasi cooperates and it leads to something in the federal case, he will tell the state authorities that Rasi was helpful. Rasi says, “I will give up everything, bring the paper, I will give up everything.” Morgan says, “so you want to talk?” Rasi responds, “there is nothing to hide.” (Id. at 38:46.) After Morgan leaves the room to get his notes and the paperwork, Rasi asks McGill, “I don’t know, I really don’t know, should I wait for the lawyer? Because always they tell me police officers they want to . . . .” McGill interrupts Rasi and says, “we can’t advise you what to do, but, at any point, we could be thirty minutes in, you can always say ‘stop.’” (Id. at 39:06.) Rasi says, “But you know the thing is, the thing is, maybe a lawyer can do a better job than me. That’s what I’m saying. Maybe he can protect me somehow. Because I swear to God there’s nothing to hide, I will tell everything to a lawyer, I’ve never done anything bad. . . . Professionals can handle it better than me, but I will tell them everything anyway.” (Id. at 39:36.) As Morgan reenters the room, Rasi continues, “But I don’t want to handle it in a way that it’s going to be against me. Maybe a lawyer can handle it better than me.” (Id. at 39:53.) Morgan says: That is your right, one hundred percent, if you want to have your lawyer here, totally get it. The problem is, just hear me out, we are dealing with a little bit of a Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 6 of 29 PageID <pageID>
7 timeline, right, because you picked up something that you were supposed to probably take somewhere else. When that doesn’t get to said place, things start happening, right? Things like, questions come up, and your phone starts ringing, but you’re not answering your phone because we have it. You see what I’m saying? So then that slows down our investigation, or it hampers our investigation. We can’t take that next step without you, right? And the sooner we get cooperation from you, we can move on, does that make sense? But again, totally your choice, . . . if we wait and we talk like tomorrow or the next day when you have an attorney and a lot of this stuff is now what we call stale, we can’t act on it. And that doesn’t mean that you didn’t cooperate with us, it just means that we weren’t able to take that next step, so now our focus is going to come back to you. You see what I’m saying? Totally up to you man, I don’t want to pressure you one way or the other. If you want to talk to us, all I’d ask is you sign this, and that is just saying that you’re going to talk to us without an attorney. . . . Or, you can say, you know what, I’m going to wait, I’m going to have an attorney while I talk. Completely up to you. We will not force you to do anything. (Id. at 40:28.) After a long pause, Rasi says, “I really don’t know what to do,” and Morgan offers to step out to give him time to think. (Id. at 42:12.) Rasi responds, “no, no, when you guys are here I feel actually better.” Morgan reiterates that he cannot talk about the case unless the form is signed, offers to talk about something else, and then asks what Rasi’s mother said. Rasi says that she knows everything and that “I never expected to be this bad. I said, something normal, right? What is it bad about it?” Rasi reiterates that he does not know what to do. McGill again says that Rasi can start talking and stop at any time. (Id. at 43:35.) Rasi responds, “the only reason, I swear to God, I want the lawyer to handle it because he knows the law, I don’t. You know, so I would say everything to him anyway.” McGill reiterates that he cannot give Rasi guidance about what he should do and says that they will need to leave at some point to continue the investigation, the only question is whether Rasi will help. Rasi reiterates wanting to help but wanting a lawyer, and McGill tells him he can either talk to them today alone or Wednesday with his lawyer. The three men continue discussing the benefits of Rasi’s help now and Rasi’s concerns about talking without a lawyer. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 7 of 29 PageID <pageID>
8 Morgan says, “Let me ask you this question, and you don’t have to answer it, but is there a lot to the story or a little to the story?” (Id. at 51:51.) Rasi says “very little.” Morgan says that is what he assumed but that he does not want to pressure Rasi. Rasi responds that he does not feel pressured and appreciates them. Morgan confirms that Rasi is a Canadian citizen of Persian heritage. When Rasi begins to say more, Morgan interrupts and says “I just don’t want you to say it and like, you know, unless you want to say it and talk, let’s talk about it all and get it done with, or we’ll wait a couple days and you know hope that whoever you were taking that money to is still waiting on it.” Rasi begins to say something, and McGill stops him, and Morgan says, “I’m just speaking all hypothetical because I assume you were taking that money somewhere else, and probably getting a piece of it, and that’s what you were going to use to help your mom. Right?” Rasi then says, “I wish I didn’t,” and Morgan responds, “I know, man.” After more discussion, Rasi says, “Is there any way I don’t go to jail?” (Id. at 54:45.) Morgan says he does not think so but that he will check with the state police. After Morgan and McGill leave the room, and Gatlin reenters, Rasi says “One wrong decision.” (Id. at 55:45.) Gatlin responds, “Happens all the time, all the time.” Rasi says, “Learn to say no.” Morgan and McGill return and confirm that Rasi will go to jail. (Exh. 1.2, at 00:39.) After staying in Germantown for a night or two, they will take him to downtown Memphis. Morgan says there is nothing he can do, “it’s a lot of money for a small town.” Rasi asks if the person he got the money from is a bad person, and Morgan says he wants to talk about all of that but that he understands Rasi’s reservations. Morgan says they are going to leave, and Rasi says he does not want them to go. McGill then says, “You know dominos? Like if you hit a domino and it falls? Right now you’re in that phase that if you hit the domino, the stacks, the points on your side, they’re going to stack up fast, and that’s great when Morgan talks to the Germantown Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 8 of 29 PageID <pageID>
9 PD, the prosecutor, that’s great for you. In two days, in three days, if there’s no dominos‒” Rasi interrupts and says, “I want to talk.” (Id. at 2:39.) Morgan gives Rasi the Miranda waiver form and has him read it aloud. Rasi expresses concern that his statements will be used against him. Morgan tells him that his statements will only be used if Rasi is the ringleader or if Rasi is lying. (Id. at 4:28.) Rasi asks if a lawyer could explain it better, would his charges be less. (Id. at 7:00.) Morgan says he thinks that a court- appointed attorney would tell Rasi to “talk to the feds.” After more discussion, Rasi signs the form. (Id. at 9:50.) The interview begins. (Id. at 11:05.) Rasi explains that, about a week prior, a family friend named Amir asked him if he knew of anyone who could make a cash delivery, and Rasi offered to do it. Rasi confirmed that the delivery was not drugs or guns, just cash. Amir bought Rasi a plane ticket, gave him a credit card, and told him to pick up the cash and drive it to California. Amir did not give Rasi the name or address of the recipient in Los Angeles. Amir gave him the phone number and address of “the Chinese lady.” Rasi took a picture of a $10 bill and sent it to Amir. When he met the lady, he showed her the $10 bill to verify the number given to her by Amir, and she gave him the bag. Rasi knew there was money in the bag but did not know how much. Rasi was supposed to get paid $3,000 when he got home. Rasi gave the agents Amir’s name and the location of his shop. Rasi also gave them the passcode to unlock his Android phone, which is a swipe pattern that Rasi explains how to perform. At the agents’ direction, Rasi calls his mother to tell her not to call Amir, so that Amir will not find out he has been arrested. (Id. at 42:35.) She agrees and offers to cooperate as well, and they all discuss next steps. After that conversation, the agents give Rasi a form to give consent for them to search his phone, but he declines to sign it. (Id. at 55:40.) He shows them Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 9 of 29 PageID <pageID>
10 again how to perform his swipe pattern to unlock his phone. They make plans for how they will reach out to Amir, and the agents leave, telling Rasi to contact them if he thinks of other helpful information. (Ex. 1.3, at 11:28.) Exhibit 1.4 is a recording of Rasi’s next encounter with the agents, later that day. Morgan and McGill tell Rasi he will be kept in Germantown indefinitely and will not be transferred to the “big jail.” (Ex. 1.4, at 1:20.) They take a video of Rasi opening his phone and tell him to call Amir. (Id. at 5:12.) Morgan has Rasi initial the Miranda waiver form again. When Rasi turns on the phone, they see that Amir has not tried to contact him, so they decide not to call Amir because it might raise suspicions. They make tentative plans to call Amir later that night. (Id. at 24:35.) In Exhibit 1.5, Rasi is brought back into the interview room because he told a jailer he wanted to speak with the agents. Rasi tells the agents he wants to contact Amir, and he suggests a text. (Ex. 1.5, at 00:45.) When the phone is taken off airplane mode, they see that Amir has still not attempted to contact him. Rasi tells them that Amir had told him to take the money to Mehti when he gets to Los Angeles. (Id. at 3:00.) Rasi texts Amir and tells him he is stopping for the night and will contact him when he gets to Los Angeles. Rasi also agrees to travel to Los Angeles if necessary. Exhibit 1.6 is a recording from the next morning, with Rasi meeting with Morgan and another agent. They discuss that Amir had called the night before at 11:45 and then sent a message saying “keep me posted.” (Ex. 1.6, at 3:01.) Rasi messages a reply saying that everything is good. The agents again have Rasi initial the Miranda waiver form. Exhibit 1.7 shows Rasi meeting with Morgan and McGill again. Rasi is again asked to initial the Miranda wavier form. (Ex. 1.7, at 3:08.) They discuss that Amir sent two texts, Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 10 of 29 PageID <pageID>
11 providing the name of an individual named Mike in Los Angeles with instructions for Rasi to contact him when he got there. Exhibit 1.8 shows Rasi meeting with Morgan and other agents. Rasi initials the Miranda waiver form again. (Ex. 1.8, at 00:29.) They discussed that Amir sent two more texts, asking why Rasi was not answering. They discuss possible responses and the ways in which Rasi is expected to cooperate to locate Mike. They generally plan for Rasi to continue communication with Amir and Mike from Memphis, while the agents travel to California to deliver the money in a sting operation.3 Exhibit 1.10 shows Rasi meeting with agents, who tell Rasi that he has received another call on his phone. Rasi signs another Miranda waiver form. (Ex. 1.10, at 11:19.) Rasi asks about contacting the Canadian embassy. The agents tell Rasi they are going to dismiss state charges, get him to federal court today, then put him in a hotel. They text Mike, and he calls, but they do not answer. They continue to discuss the operation. The interview continues in Exhibit 1.11. As Rasi prepares to be taken to federal court, he again asks about contacting the Canadian embassy. Exhibit 1.12 appears to show Rasi with agents after he has returned from federal court. They continue to discuss the operation. The timing of the interview shown in Exhibit 1.13 is unclear. Rasi is panting and crying in distress. He tells the agents about the difficulties he has experienced in his life. They continue to discuss the operation and what will happen in Rasi’s case. 3 Exhibit 1.9 shows the conclusion of this interview and does not appear to contain any relevant evidence. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 11 of 29 PageID <pageID>
12 On February 3, 2025, Rasi was charged in a Criminal Complaint with fraud and wire fraud in violation of 18 U.S.C. §§ 1343 and 1349. (ECF No. 1.) On February 27, 2025, a federal grand jury returned an indictment charging Rasi with one count of money laundering conspiracy in violation of 18 U.S.C. § 1956(h). (ECF No. 26.) PROPOSED CONCLUSIONS OF LAW Rasi first argues that the warrantless arrest, seizure, and search of his car were in violation of the Fourth Amendment and seeks suppression of all evidence gathered as a result of those acts. Rasi also seeks suppression of statements he made during his interviews with the agents and all evidence derived therefrom as violative of the Fifth and Fourteenth Amendments. Finally, Rasi seeks suppression of evidence acquired from a search of his cell phone. I. The Legality of the Arrest, Seizure, and Search of the Car Rasi briefly argues the warrantless arrest and search of his car violated the Fourth Amendment. The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. “‘It is beyond debate that an arrest made without probable cause’ is unreasonable and ‘violates the Fourth Amendment.’” Frenchko v. Monroe, 160 F.4th 784, 796 (6th Cir. 2025) (quoting Smith v. City of Wyoming, 821 F.3d 697, 714 (6th Cir. 2016)). Conversely, “[a] warrantless arrest is reasonable if the officer has probable cause to believe that the suspect committed a crime in the officer’s presence.” Id. (quoting District of Columbia v. Wesby, 583 U.S. 48, 56 (2018)). “Probable cause is a ‘low bar’” and “exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Id. (quoting United States v. Moore, 999 F.3d 993, 996 (6th Cir. 2021); Henry v. United States, 361 U.S. 98, 102 (1959)). Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 12 of 29 PageID <pageID>
13 Rasi does not offer much in support of his argument, maintaining only that “[a]t the time of delivery the Defendant had broken no law and was given the money to be transported to California in exchange for nothing,” that GPD “conducted a traffic stop without a traffic infraction,” and that the subsequent arrest and search were warrantless. (ECF No. 56, at 1.) In response, the United States relies on the Criminal Complaint and the GPD report, which detail the probable cause for Rasi’s arrest on February 9, 2025. Specifically, the GPD report indicates that GPD Det. Phelan was contacted by FBI Agent Palmer on January 14, 2025, who “advised that a Germantown resident, [K.X.], has been scammed out of at least $800,000 in cash.” (Ex. 4, at 8.) Agent Palmer stated that [K.X.] was lead [sic] under false pretenses to withdraw money from her bank account, which would then be given to “bank associates” in Germantown, and the money would then allegedly be invested into cryptocurrency. Agent Palmer stated [K.X.] met two individuals in front of [[K.X.’s residence] on three different occasions between April [and] June 2024. During two of the transactions, the subjects arrived in a white Lexus SUV, likely with New York Tags. During the other transaction, the subjects arrived in a dark colored sedan. During all three transactions, the driver was the same male Asian subject. The passenger in two of the transactions was an Asian male, and in the other transaction was a male white. It is believed that these subjects are traveling to Germantown from New York, and are active participants in the pig-butchering scam. (Id.) The Criminal Complaint further details that, on February 3, 2025, Rasi met with K.X. at her residence to pick up $150,000 cash and that, after Rasi gave K.X. a password that matched one previously provided to her by “Customer Service,” he drove away with the cash. (ECF No. 1-1 ¶ 17.) The United States has demonstrated that Rasi’s arrest was supported by probable cause. The officers had reason to believe K.X. was the victim of a scam and that the scammers were Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 13 of 29 PageID <pageID>
14 going to contact her for more money. When Rasi showed up at K.X.’s home and collected $150,000, the officers were warranted in their belief that Rasi was one of those scammers. Furthermore, as explained in the Criminal Complaint, “[b]ecause [Rasi] knew when and where to arrive to pick up the cash and because [Rasi] possessed the password provided by the fraudulent CoinMetro Customer Service, Your Affiant knows that [Rasi] has coordinated this cash pick up with other coconspirators in the fraud scheme and conspiracy.” (ECF No. 1-1 ¶ 18.) The officers had probable cause to arrest and seize Rasi, and no Fourth Amendment violation occurred. Because the officers had that probable cause, they also had probable cause to search Rasi’s car and seize his phone. “Under the automobile exception to the Fourth Amendment’s warrant requirement, officers may conduct a warrantless search of a vehicle if they have probable cause to believe that the vehicle contains evidence of a crime.” United States v. Watson, 142 F.4th 872, 881 (6th Cir. 2025) (citing California v. Acevedo, 500 U.S. 565, 580 (1991); United States v. Peake-Wright, 126 F.4th 432, 438 (6th Cir. 2025)). As explained above, the officers had probable cause to believe that Rasi’s car contained evidence of a crime— namely, the $150,000 cash. And they reasonably seized Rasi’s cell phone given their conclusions about his coordination with alleged co-conspirators. None of these acts constitute Fourth Amendment violations or taint any evidence collected as a result. II. The Legality of the Interrogation Rasi also seeks suppressions of the statements he made in custody. In Miranda v. Arizona, 384 U.S. 180 (1984), the Supreme Court held “that a suspect subject to custodial interrogation has the right to consult with an attorney and to have counsel present during questioning, and that the police must explain this right to him before questioning begins.” Davis Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 14 of 29 PageID <pageID>
15 v. United States, 512 U.S. 452, 457 (1994). This procedural safeguard helps ensure that the Fifth Amendment right against compulsory self-incrimination is protected. Id. (quoting Michigan v. Tucker, 417 U.S. 433, 443‒44 (1974)). If a suspect knowingly and intelligently “waives his right to counsel after receiving the Miranda warnings, law enforcement officers are free to question him. But if a suspect requests counsel at any time during the interview, he is not subject to further questioning until a lawyer has been made available or the suspect himself reinitiates conversation.” Id. at 458 (citing North Carolina v. Butler, 441 U.S. 369, 372‒76 (1979); quoting Edwards v. Arizona, 451 U.S. 477, 484‒85 (1981)). Absent either of those conditions, the suspect “is ‘not subject to further interrogation by the authorities,’” and “[a]ll questioning must cease.” United States v. Zakhari, 85 F.4th 367, 375 (6th Cir. 2023) (quoting Edwards, 451 U.S. at 484‒85; Smith v. Illinois, 469 U.S. 91, 98 (1984) (per curiam)). The Miranda safeguards “apply to express questioning and . . . ‘its functional equivalent.’” United States v. Chalmers, 554 F. App’x 440, 446 (6th Cir. 2014) (quoting Rhode Island v. Innis, 446 U.S. 291, 298‒99 (1980)). The functional equivalent of express questioning is “any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.” Id. (citing Pennsylvania v. Muniz, 496 U.S. 582, 600‒01 (1990)). “However, statements uttered ‘freely and voluntarily’ are admissible in evidence . . . .” United States v. Chalmers, 554 F. App’x 440, 446 (6th Cir. 2014) (quoting Miranda, 384 U.S. at 478). “The burden is on the government to show a proper waiver of the right to counsel.” Id. (citing Seymour v. Walker, 224 F.3d 542, 554 (6th Cir. 2000)). At issue in this case is (A) whether Rasi actually invoked his right to counsel and, if he did, whether he reinitiated conversation with the agents, (B) whether Rasi knowingly waived his Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 15 of 29 PageID <pageID>
16 Fifth Amendment rights, and (C) whether any of his statements fall under the protection of a proffer agreement. The parties do not dispute the custodial nature of the interrogation. A. Invocation of the right to counsel The United States concedes that Rasi invoked his right to counsel at some point but argues that Rasi reinitiated questioning by law enforcement. The Court must therefore first “determine whether the accused actually invoked his right to counsel” and at what point. Davis, 512 U.S. at 458 (quoting Smith, 469 U.S. at 95). That “objective inquiry . . . ‘requires, at a minimum, some statement that can reasonably be construed to be an expression of a desire for the assistance of an attorney.’” Id. at 459 (citing Connecticut v. Barrett, 479 U.S. 523, 529 (1987); quoting McNeil v. Wisconsin, 501 U.S. 171, 178 (1991)). Officers need not cease questioning upon an “ambiguous or equivocal” reference to an attorney such “that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel.” Id. (citing McNeil, 501 U.S. at 178; Edwards, 451 U.S. at 458). But “a suspect need not ‘speak with the discrimination of an Oxford don’” and must only “articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” Id. (quoting id. at 476 (Souter, J., concurring)). “Nor must the accused appear unshakeable in his decision or enthusiastic about calling counsel.” Zakhari, 85 F.4th at 377 (citing Smith, 469 U.S. at 97 (finding invocation based on “Uh, yeah. I’d like to do that”); Yenawine v. Motley, 402 F. App’x 997, 998 (6th Cir. 2010) (per curiam) (“I might need to speak with my lawyer about whether I should talk with you.”); Kyger v. Carlton, 146 F.3d 374, 376 (6th Cir. 1998) (“I’d just as soon have an attorney.”); United States v. Wysinger, 683 F.3d 784, 790‒91 (7th Cir. 2012) (“I mean, but can I call one now? That's what I’m saying.”); Wood v. Ercole, 644 F.3d 83, 91 (2d Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 16 of 29 PageID <pageID>
17 Cir. 2011) (“I think I should get a lawyer.”); Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir. 1991) (“I think I should call my lawyer.”)).4 Here, Rasi’s invocation of his right to counsel was clear and unequivocal and came right at the beginning of the interview. Once the agents got settled and removed Rasi’s handcuffs, the interview began as follows: Morgan: Alright, man. Can you read and write English? Speak English, obviously? Rasi: Yes. Morgan: We got some questions for you, but before we ask you any questions, we got to read you your rights. I’ll read that to you, and I’ll also make sure that you can read it. “You must understand your rights before we ask you any questions. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.” If you decide at any time to stop the questioning and not answer any questions or make any statements, that’s okay. This says that you have read the statement of rights, you understand your rights, and you’re willing to answer questions without a lawyer present. That’s just going to be us talking. If you agree to that, I’m going to get you to sign here—I’m sorry, print your name and then sign here. I’ll be a witness, and Mr. McGill will also be a witness, and I’ll fill in all this stuff. That cool? Rasi: So, you said that, what [unintelligible] statement of . . . Morgan: So, these are your statements of rights, right here, what I just read to you‒ Rasi: I prefer to have a lawyer, you know? Morgan: Okay. That’s fine. 4 The parentheticals in this citation are taken verbatim from the citations in Zakhari. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 17 of 29 PageID <pageID>
18 (Ex. 1.1, at 8:04‒9:12.) Special Agent Morgan then explained why it would be in Rasi’s best interest to talk to them, and Rasi responded, “You know, honestly, I did, this, only, I just, I prefer to have a lawyer.” Morgan asked if Rasi had a lawyer, Rasi responded that he did not, Morgan said he would need a court-appointed lawyer, and Morgan then said, “Alright, so we won’t ask you any questions, we won’t tell you anything else. We will, I’ll get back with Germantown and let them start the processing.” (Id. at 9:12‒10:16.) Rasi’s first statement that he would prefer to have a lawyer when asked to sign the Miranda form is an unmistakable invocation of his right to counsel. Moreover, after making that statement and receiving additional information from Morgan about the benefits of proceeding without an attorney, Rasi persisted in his invocation, again stating that he preferred to have a lawyer. Any reasonable officer would understand those statements to be an invocation; indeed, Morgan recognized it exactly as such, telling Rasi he would not ask any more questions after Rasi said for the second time that he would prefer to have a lawyer. See Zakhari, 85 F.4th at 377 (citing Abela v. Martin, 380 F.3d 915 (6th Cir. 2004), as finding invocation where, as part of the totality of the circumstances, “the interrogator construed the statement as an invocation”). Rasi’s invocation of his right to counsel was clear, and the agents should have ceased questioning him at that point. The United States acknowledges Rasi’s invocation5 but argues that Rasi reinitiated the questioning. “[I]f the accused invoked his right to counsel, courts may admit his responses to further questioning only on finding that he (a) initiated further discussions with the police, and (b) knowingly and intelligently waived the right he had invoked.” United States v. Hitchings, 5 The United States does not directly address whether Rasi’s two statements that he preferred to have a lawyer constitute invocation, but it does concede that Rasi “conclusively requested counsel” later in the interview. (ECF No. 65, at 10 (citing Ex. 1.1, at 44:02).) Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 18 of 29 PageID <pageID>
19 No. 23-3265, 2024 WL 1465081, at *7 (6th Cir. Apr. 4, 2024) (quoting Smith, 469 U.S. at 95). “If the police do subsequently initiate an encounter in the absence of counsel (assuming there has been no break in custody), the suspect’s statements are presumed involuntary . . . even where the suspect executes a waiver . . . .” Id. (quoting McNeil, 501 U.S. at 177). “This is designed to prevent police from badgering a defendant into waiving his previously asserted Miranda rights.” Id. (quoting McNeil, 501 U.S. at 177) (internal quotations omitted). On the other hand, a reinitiation by the defendant is a statement “that evinces ‘a willingness and a desire for a generalized discussion about the investigation.’” United States v. Scott, No. 2:08-cr-20202-JPM, 2013 WL 1908053, at *35 (W.D. Tenn. May 7, 2013) (quoting Oregon v. Bradshaw, 462 U.S. 1039, 1045‒46 (1983) (plurality)). “[A]n Edwards initiation occurs when, without influence by the authorities, the suspect shows a willingness and a desire to talk generally about his case.” Id. (quoting United States v. Whaley, 13 F.3d 963, 967 (6th Cir. 1994)). Where “the ‘accused himself initiate[s] further communication, exchanges, or conversations with the police,’ his earlier invocation of the right to counsel no longer control[s].” Hitchings, 2024 WL 1465081, at *8 (quoting Bush v. Warden, S. Ohio Corr. Facility, 573 F. App’x 503, 513 (6th Cir. 2014)). A defendant does not reinitiate, however, merely by making “a necessary inquiry arising out of incidents of the custodial relationship.” Scott, 2013 WL 1908053, at *35 (quoting Bradshaw, 462 U.S. at 1045‒46). Though the conversation between Rasi and the agents was reinitiated multiple times throughout the interaction, the United States has failed to demonstrate that Rasi was the one reinitiating questioning. First, after Special Agent Morgan initially concluded the interview, telling Rasi he would tell Germantown to start the processing, Rasi responded, “I really appreciate you.” (Ex. 1.1, at 10:15‒50.) Morgan then asked Rasi, “You got any questions for Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 19 of 29 PageID <pageID>
20 me?” (Id.) Rasi responded that he wanted to communicate with his mother because he did not want her to worry. (Id.) That exchange demonstrably does not constitute reinitiation by Rasi— Morgan initiated the exchange, not Rasi, and Rasi’s question about being able to contact his mother is precisely the type of “inquiry arising out of the incidents of the custodial relationship” that does not trigger an Edwards exception. Whaley, 13 F.3d at 967 (quoting Bradshaw, 462 U.S. at 1045‒46); see also id. (“As we and other circuits have made clear, not every statement from a suspect’s mouth shows such a desire [to talk generally about his case].” (citing United States v. Soto, 953 F.2d 263, 265 (6th Cir. 1992) (indicating desire to keep belongings separate from those of co-defendant is not initiation); Desire v. Att’y Gen. of Cal., 969 F.2d 802, 804‒05 (9th Cir. 1992) (asking codefendant “Did you tell him everything?” in front of an officer not initiation); Jacobs v. Singletary, 952 F.2d 1282, 1294 (11th Cir. 1992) (asking officer “Where are my children?” not initiation); Christopher v. Florida, 824 F.2d 836, 845‒46 (11th Cir. 1987) (asking question in response to police officer’s interrogation not initiation));6 United States v. Clay, 320 F. App’x 384, 388‒89 (6th Cir. 2009) (providing examples of incidental inquiries, “such as the request for water or to use the phone”). Then, as he was leaving, Morgan asked Rasi, “Maybe we’ll talk tomorrow, the next day, if you have an attorney with you? Do you want to talk once you get an attorney?” (Ex. 1.1, at 11:53.) Rasi responded by asking how he can get an attorney. Again, Rasi did not initiate that interaction, and, in any event, his question does not indicate willingness to discuss his case. If anything, it confirms his interest in having counsel. The conversation then turned back to a discussion of how talking to the agents was in Rasi’s best interest—but, again, Morgan initiated that discussion, not Rasi. Morgan said, 6 The parentheticals in this citation are taken verbatim from the citations in Whaley. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 20 of 29 PageID <pageID>
21 “[t]hese guys here know how to get in touch with me, so if you change your mind,” and Rasi interrupted, “So what’s going to make different if I talk to you?” and then the discussion ensued. (Id. at 13:58.) This type of repeated pressure to talk—after Rasi’s multiple clear invocations of his right to counsel—is precisely what the Supreme Court sought to prevent in Davis. 512 U.S. at 458 (“This ‘second layer of prophylaxis for the Miranda right to counsel[]’ is ‘designed to prevent police from badgering a defendant into waiving his previously asserted Miranda rights.” (citing McNeil, 501 U.S. at 176; Michigan v. Harvey, 494 U.S. 344, 350 (1990)); see also Zakhari, 85 F.4th at 375 (holding that Edwards’s “bright-line prohibition” against continued interrogation “prevents investigators from ‘wear[ing] down the accused’ in ‘explicit or subtle, deliberate or unintentional’ ways so as to convince him ‘to incriminate himself notwithstanding his earlier request for counsel’s assistance.” (quoting Smith, 469 U.S. at 98)). Though “badgering” may be too strong a word in this instance—the interactions between Rasi and the agents were nothing but cordial—the agents nonetheless made repeated efforts to convince Rasi to talk to them. Under Davis, Rasi’s response to those efforts cannot be said to be the kind of initiation “without influence by the authorities” required by Edwards. Next, when the agents arranged Rasi’s call with his mother, Rasi made several unsolicited statements. Those statements, and his conversation with his mother, are not protected under Miranda. See Chalmers, 554 F. App’x at 446 (finding “statements uttered ‘freely and voluntarily’” admissible (quoting Miranda, 384 U.S. at 478)). Following the call, Special Agent Morgan again initiated substantive conversation with Rasi, asking if Rasi’s mother gave him any recommendations. (Ex. 1.1, at 36:30.) Though Rasi responded by starting to explain what happened, he did not initiate that exchange. Morgan then reiterated the benefits of cooperation and referenced Rasi’s right to counsel, and Rasi indicated Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 21 of 29 PageID <pageID>
22 that he wanted to talk. (Id. at 37:10‒38:46.) But Rasi continued to question whether he should have a lawyer and expressed his impression that a lawyer, as a professional, could handle the situation better than he could. Morgan then raised the time-sensitive nature of the situation, telling Rasi that, if he waited for his lawyer to talk to them, that would “slow[] down our investigation,” and then the agents would not be “able to take that next step” in the investigation, so that their “focus is going to come back to you.” (Id. at 39:00‒41:31.) The purpose of those statements, even if true, was to convince Rasi to waive the right to counsel he had already invoked. After Rasi again expressed doubt, Morgan offered to change the conversation and talk about something else. (Id. at 42:33‒57.) Instead of doing that, however, Morgan asked Rasi what his mother said—again reinitiating substantive discussion about the investigation. (Id. at 42:57‒43:21.) The discussion that followed was thus prompted by the agents, not initiated by Rasi. Though the United States argues that Rasi “clearly re-engaged agents” at 53:55 of Ex. 1.1 (ECF No. 65, at 11), that portion of the video is in the middle of the continuous conversation initiated by Morgan (and, any event, is far from clear re-engagement). The agents then left the room, and Rasi again made unsolicited statements—“one wrong decision” and “learn to say no”—that are not protected by Miranda. When the agents returned, however, Morgan entered the room telling Rasi he was going to jail. (Ex. 1.2, at 00:37.) After more discussion of time being of the essence, Rasi finally agreed to sign the Miranda waiver form, made the bulk of the incriminating statements at issue, and provided the agents with the swipe pattern to access his phone. (Id. at 9:50‒42:40.) As with the interactions discussed above, that discussion was initiated by the agents. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 22 of 29 PageID <pageID>
23 The United States concedes that Rasi’s statements from 44:02 to 53:55 of Ex. 1.2 should be suppressed. (ECF No. 65, at 11.) That portion of the interview, however, is not distinguishable from the rest—all of Rasi’s statements, other than those made unsolicited or to his mother, were prompted by continued questioning from the agents after Rasi had invoked his right to counsel. As such, under Edwards, Rasi’s statements should be suppressed because the agents, not Rasi, initiated all of those post-invocation interactions. The United States argues that many of Rasi’s references to wanting counsel were ambiguous or ambivalent. Those statements, however, came after his initial, clear invocation of his right to counsel, as discussed above. Rasi’s later statements expressing ambiguity cannot override his prior invocation. It is “intolerable” to “use an accused’s subsequent responses to cast doubt on the adequacy of the initial request. No authority, and no logic, permits the interrogator to proceed on his own terms and as if the defendant had requested nothing, in the hope that the defendant might be induced to say something casting retrospective doubt on his initial statement that he wished to speak through an attorney or not at all.” Zakhari, 85 F.4th at 375‒76 (quoting Smith, 469 U.S. at 98‒99) (cleaned up). The ambiguity Rasi expressed appears to be a direct result of the agents’ post-invocation examination of all the reasons Rasi should not wait for a lawyer and should talk to them now. Regardless of whether those reasons were valid, the agents offered them after Rasi had already unambiguously invoked his Fifth Amendment right to counsel, and without Rasi reinitiating the interrogation, in violation of Edwards. And any effort by this Court to resolve the ambiguity would defeat one of the purposes of Edwards: “Edwards conserves judicial resources which would otherwise be expended in making difficult determinations of voluntariness, and implements the protections of Miranda in practical and straightforward terms.” Minnick v. Mississippi, 498 U.S. 146, 151 Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 23 of 29 PageID <pageID>
24 (1990). The key point is that Rasi’s invocation of his right to counsel was unambiguous. Any statements he made to the agents after that invocation should be suppressed. B. Knowing waiver of Miranda rights Rasi’s statements are also subject to suppression because the Miranda warning provided by the agents was inadequate. The United States has offered an alternative position that, even if the initial interrogation is suppressible, Rasi reinitiated discussions with the agents later that night when he asked a jailer to call the agents back to the station—a reinitiation that would trigger an Edwards exception. (See Ex. 1.5.) As an initial matter, it is far from certain Rasi’s actions would constitute an Edwards reinitiation, given that his prior statements are suppressible due not to an inadequate or non-existent Miranda warning, but rather to a coercive Davis violation, as discussed above. See, e.g., Oregon v. Elstad, 470 U.S. 298, 311 (1985) (“[A]fter an accused has once let the cat out of the bag by confessing, no matter what the inducement, he is never thereafter free of the psychological and practical disadvantages of having confessed. He can never get the cat back in the bag. The secret is out for good. In such a sense, a later confession may always be looked upon as fruit of the first. But this Court has never gone so far as to hold that making a confession under circumstances which preclude its use, perpetually disables the confessor from making a usable one after those conditions have been removed.” (quoting United States v. Bayer, 331 U.S. 532, 540–41 (1947))); Greenawalt v. Ricketts, 943 F.2d 1020, 1026–27 (9th Cir. 1991) (describing Brown v. Illinois, 422 U.S. 590, 604–05 (1975), as requiring exclusion of “a confession so tainted by a previous coerced confession so as to be coerced itself,” but noting that “Brown has been limited, however, to cases of actual coercion” by Elstad). But the Court need not engage in that analysis due to the additional Miranda violation Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 24 of 29 PageID <pageID>
25 arising from Special Agent Morgan’s misstatements of the law, which preceded any additional statements initiated by Rasi. A valid waiver of Miranda rights requires officers to disclose both the right to remain silent and the right to counsel. United States v. Daniels, No. 24-3260, 2026 WL 45026, at *3 (6th Cir. Jan. 7, 2026) (citing Moran v. Burbine, 475 U.S. 412, 421 (1986)). That waiver must be not only voluntary, but also knowing, a “requirement [that] ensures that suspects know of both the ‘nature’ of the abandoned rights and the ‘consequences’ of waiving them.” Id. (quoting Moran, 475 U.S. at 421). “[S]uspects need not understand ‘every possible consequence’ of speaking to the police,” but “[t]hey must know just the basics: that they have the right not to talk to the police, to talk only with counsel present, and to discontinue talking at any time. And they must know of the main consequence of speaking: that the police may use their statements against them.” Id. (quoting and citing Garner v. Mitchell, 557 F.3d 257, 261 (6th Cir. 2009); Colorado v. Spring, 479 U.S. 564, 574 (1987); United States v. Crumpton, 824 F.3d 593, 607‒08 (6th Cir. 2016)). In this case, the agent contradicted Miranda in telling Rasi about the consequences of speaking with them. After Rasi told the agents he wanted to talk, they give him the Miranda waiver form and ask him to read it aloud. (Ex. 1.2, at 3:45.) Rasi did so and then placed his head in his hand and paused for twenty seconds, speaking quietly to himself. (Id. at 3:45‒5:04.) Special Agent Morgan asked Rasi if he was “good,” and Rasi responded, “Not at all.” (Id. at 5:05‒5:15.) After another long pause, Rasi again read aloud, “Anything you say can and will be used against you,” looking up at McGill as he did so. (Id. at 5:15‒5:37.) The following exchange ensued: Morgan: That is, that is the worst way to say it. So that, if, come, we go to court, and somebody says, like, oh well, you didn’t tell them that you were Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 25 of 29 PageID <pageID>
26 going to use that in the court, it says it right here. But I’ve already told you, unless, unless we get to talking and you tell me that, yeah man, I’m the sophisticated ringleader of this whole thing‒ Rasi: What does that mean? Morgan: Like, you’re the top dog, you’re the big fish. Unless you tell me that, like, I don’t know that there’s going to be much that you’re going to tell me that’s [inaudible]‒ Rasi: Do I look like the big fish? Morgan: Well, if you were, you probably wouldn’t have gotten a rental car, and done, you would have taken a private jet, right, and had someone pick you up in a limo. Rasi: Thank you. Morgan: So, that, we put that in there because that is the worst thing we can do to you. We would take everything you say and use it against you in court if we find out that you’re lying to us. Really, that would be it. Like, if you’re lying to me, and we, you know, we’ve established this relationship and we come to find out, like, oh no he lied to us the whole time, well then I am going to use that against you, I’m gonna, because I feel like we’ve come to an agreement that I’m going to tell you the truth and you’re going to tell me the truth, and then that’s going to be the end of it, we’re going to do our best to push everything about you to the side and move to the next. (Id. at 5:37‒7:03.) As this exchange shows, the agent told Rasi that his statements would only be used against him if he were the “big fish” in the fraud scheme or, “really,” only if he lied to the agents. That is a misstatement of the warning required by Miranda. “This Court’s holding in Miranda specifically required that the police inform a criminal suspect that he has the right to remain silent and that anything he says may be used against him. There is no qualification of this broad and explicit warning.” Spring, 479 U.S. at 577. In light of that misstatement, the Court cannot conclude that Rasi knowingly waived his right to counsel. See, e.g., Daniels, 2026 WL 45026, at *4 (placing the burden on the Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 26 of 29 PageID <pageID>
27 prosecution to show, based on a totality of the circumstances, that a Miranda waiver was knowing and voluntary). The agent made this misstatement in direct response to Rasi’s specific reference to the warning that anything he said would be used against him, indicating the agent’s intent was to lessen the impact of the warning on Rasi’s willingness to talk. Add to that Rasi’s repeated statements that he had never been in trouble before, that he was Canadian, and that he wanted the agents to advise him what to do, all of which indicate a lack of sophistication and knowledge regarding the Miranda waiver. Finally, and even after getting the inaccurate assurances from Morgan, Rasi still questioned whether having a lawyer would be better, to which Morgan responded that he thought a lawyer would tell Rasi “to talk to the Feds.” (Ex. 1.2, at 7:20‒38.) Had the agents conceded to Rasi’s earlier demand for counsel, his attorney could have explained to him that misstatement of the law. See, e.g., Minnick, 498 U.S. at 154 (“One plausible interpretation of the record is that petitioner thought he could keep his admissions out of evidence by refusing to sign a formal waiver of rights. If the authorities had complied with Minnick’s request to have counsel present during interrogation, the attorney could have corrected Minnick’s misunderstanding, or indeed counseled him that he need not make a statement at all.”). The totality of these circumstances indicates that Rasi did not understand that all of his statements could be used against him, and thus his waiver was not knowing. The United States has offered nothing to indicate that an accurate explanation of the warning was ever conveyed to Rasi throughout the remainder of the interrogations admitted into evidence. The entirety of his custodial statements—other than those made unsolicited or to his mother—should therefore be suppressed. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 27 of 29 PageID <pageID>
28 C. Statements made under a proffer agreement Rasi contends, and the United States does not appear to contest, that, when Rasi was taken to federal court, he was appointed counsel and entered into a proffer agreement with the United States. Rasi therefore argues that any statements he made after that point to the agents are inadmissible under the terms of the proffer agreement. The United States does not counter this argument and instead, at the hearing, confirmed that a proffer agreement was memorialized in writing with Rasi’s lawyer. Neither party has provided the proffer agreement to the Court, but it appears that the United States submitted the video of those subsequent interactions for purposes of completion and not in an attempt to argue their admissibility at trial. If the Court’s understanding is incorrect, the United States must demonstrate why the statements are not subject to the proffer agreement. Otherwise, the admissibility of Exhibits 1.12 and 1.13 is not at issue because the United States is not seeking their admission. III. The Legality of the Search of Rasi’s Phone [Redacted. The unredacted portion of this Report and Recommendation is available as a sealed attachment to this docket entry.] RECOMMENDATION For the foregoing reasons, this Court recommends the motion to suppress be granted in part and denied in part. The motion to suppress evidence derived from the arrest and seizure of Rasi and the search of his car should be denied. The motion to suppress Rasi’s custodial statements, other than those made unsolicited or to his mother, should be granted. The motion Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 28 of 29 PageID <pageID>
29 to suppress evidence obtained from Rasi’s cell phone, as discussed in the portion of this Report and Recommendation entered concurrently under seal, should be denied. Respectfully submitted this 23rd day of January, 2026. s/Annie T. Christoff ANNIE T. CHRISTOFF UNITED STATES MAGISTRATE JUDGE NOTICE Within fourteen (14) days after being served with a copy of this report and recommendation, a party may serve and file written objections to the proposed findings and recommendations. Fed. R. Crim. P. 59(b)(2). A party may respond to another party’s objections within fourteen (14) days after being served with a copy. Failure to file objections within fourteen (14) days may constitute waiver of objections, exceptions, and further appeal. Case 2:25-cr-20017-BCL Document 85 Filed 01/23/26 Page 29 of 29 PageID <pageID>
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