Samuel Francis Patane is questioning whether or not the physical evidence found at his house can be used in court given the fact that he was partly read his Miranda rights. Samuel Patane, a Colorado resident, was arrested in 2001 for allegedly violating a restraining order that kept him from contacting his ex-girlfriend, Linda O"Donnell, in any way. There is no restraining order on file, but the testimonies indicate that Patane was not permitted to have any direct or indirect contact with O"Donnell within the 72 hours after he was released on bond from El Paso, Colorado county jail. The petitioner in this case is the United States, and the respondent in this case is Samuel Francis Patane.
On June 6, Detective Josh Benner received a call from an agent with the Federal Bureau of Alcohol, Tobacco, and Firearms stating that a county probation officer told him Samuel Patane was in possession of a Glock .40 caliber pistol. Detective Benner then called Linda O"Donnell to ask about the gun, and coincidentally Officer Fox was already at O"Donnell's home. She was responding to a call from O"Donnell saying that Patane had violated his restraining order by calling her and hanging up. When O"Donnell pushed *69, she recognized that it was Samuel Patane's home phone number. O"Donnell told the police about a list Patane had of people he wanted to kill, and she told them that she was afraid for her life. The officers drove over to Patane's house to confront him about violating the restraining order, and to arrest him. Despite Patane denying the hang-up phone call, and having any contact with O"Donnell, Officer Fox handcuffed him and told him that he was under arrest. Detective Benner, who had been in back of the house in case Patane tried to run out, walked to the front of the house and began advising him of his rights. Detective Benner only got to "you have the right to remain silent" when he was interrupted by Patane who claimed that he was aware of his rights.
