United States District Court, D. Oregon
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE
matter comes before the Court on Defendant Nikolay P.
Bocharnikov's Motion (#28) to Suppress.
following reasons, the Court DENIES
Defendant's Motion to Suppress.
April 20, 2018, a grand jury indicted Defendant on one count
of Aiming a Laser Pointer at an Aircraft in violation of 18
U.S.C. § 39A.
February 22, 2019, Defendant filed a Motion to suppress
statements he made on March 20, 2018.
March 7, 2019, the Court conducted an evidentiary hearing on
Defendant's Motion to Suppress, heard oral argument, and
directed the parties to file supplemental memoranda.
March 11, 2019, the parties filed their supplemental
pleadings, and the Court took Defendant's Motion to
Suppress under advisement.
Court finds the following facts by a preponderance of the
evening of July 11, 2017, Portland Police Bureau Tactical
Operations were conducting aircraft surveillance over
Gresham, Oregon. During this operation the police aircraft
was "struck" by a laser light from the ground that
temporarily blinded the pilot. The aircraft was able to
determine the origin of the laser beam and notified the
Gresham Police Department of the address.
after midnight Deputy Adam Kraushaar, Sergeant Hakala, and
Sergeant Matt Jordan of the Multnomah County Sheriff's
Department were dispatched to the address identified. All of
the officers were wearing full uniforms. Deputy Hakala
initially contacted Defendant's wife at the door of the
residence, and she stated Defendant was just getting out of
the shower. Defendant came to the door wet and wearing only
his underwear. When Deputy Hakala questioned Defendant about
the incident, Defendant denied any involvement and stated:
"It was the kids." After a brief conversation,
Defendant was handcuffed by Sergeant Hakala and was seated on
the front porch of his residence. Defendant was advised about
the seriousness of the incident and that the officers were
there only to recover the laser in question. Defendant then
admitted he had shined the laser in the direction of the
aircraft, but he stated he did not think the laser beam would
reach the aircraft. Defendant apologized for his actions and
told his wife where the laser was located. The officers
seized the laser as evidence, Defendant was released from the
handcuffs, and the officers left the residence. Defendant was
not arrested and was not given Miranda warnings at
August 2017 Special FBI Agent Adam Hoover was assigned to
investigate the July 2017 laser incident. Although Agent
Hoover personally has some concern about the legality of the
July 2017 interrogation, he does not recall any discussion
with Deputy Kraushaar about it when he met with Deputy
Kraushaar regarding the incident. Defendant did not offer any
evidence to contradict this assertion. The Court concludes
Agent Hoover did not discuss the matter with Deputy
March 20, 2018, Agent Hoover went to Defendant's home
intending to interview him as part of his investigation.
Agent Hoover arrived at Defendant's residence; parked
across the street; and while he waited for his partner to
arrive, Agent Hoover saw Defendant come out of his house and
walk toward his work vehicle. Agent Hoover got out of his
car, waved to get Defendant's attention, crossed the
street, and greeted Defendant. Agent Hoover then introduced
himself as a member of the FBI Joint Terrorism Task Force and
showed his ...