Case Caption: People of the Virgin Islands v. Thomas Case Number: SCT-CRIM-2023-0017Date: 03/11/2025Author: Swan, Ive Arlington Citation: 2025 VI 9Summary: Considering the People’s motion seeking to vacate the Superior Court’s orders granting the defendant’s motion to suppress tangible and derivative evidence obtained from a search of a residence that he shared with his wife, shortly after he had physically assaulted her with a closed fist and a handgun while he had been intoxicated earlier that evening, the Superior Court was correct in finding that the defendant’s Fourth Amendment right against improper search and seizure was not violated in that search, as his wife possessed common authority over the premises and had consented to the search. However, the Superior Court abused its discretion in suppressing the handgun and ammunition recovered in that search and committed clear error in dismissing the criminal counts against the defendant related thereto. Not only was the Superior Court incorrect in finding that the defendant had been subject to custodial interrogation in the residence when he made statements to police regarding the handgun, but the Superior Court also erroneously suppressed physical evidence as a remedy for the supposed violation of the defendant’s Fifth Amendment rights, when in fact such remedy only includes physical evidence if a defendant’s statements are made involuntarily. Here, the defendant’s statements were made voluntarily and were not made under custodial interrogation; therefore no violation of the defendant’s right against self-incrimination was committed. Accordingly, no suppression of either physical or testimonial evidence was warranted. Consequently, the Superior Court’s orders granting the defendant’s motion to suppress are reversed and the matter is remanded to the Superior Court for further action.Attachment: Open Document or Opinion