United States District Court, E.D. Tennessee, Chattanooga
REPORT AND RECOMMENDATION
CHRISTOPHER H. STEGER, UNITED STATES MAGISTRATE JUDGE
the Court is Defendant Dorsey McGahee's Motion to
Suppress. [Doc. 26]. On July II, 2019, the undersigned
conducted a hearing on the suppression motion. Attorney Keith
Davis represented McGahee, who was also present at the
hearing. Special Assistant United States Attorney Kevin Brown
represented the Government.
suppression motion and as argued by Attorney Davis at the
hearing, McGahee asserted that he was not read his
Miranda rights before he was interrogated by police.
The Government countered that any pre-Miranda
questioning by law enforcement fell within
exception." McGahee also argued that he invoked his
right to have counsel present immediately after his
Miranda rights were read to him, but police officers
continued to interrogate him without counsel present. The
Government responded that McGahee did not unequivocally
invoke his right to counsel. And, further, he signed a waiver
relinquishing his right to have counsel present during the
following reasons, the undersigned
RECOMMENDS that Defendant's Motion to
Suppress [Doc. 26] be GRANTED IN PART and
DENIED IN PART.
criminal charges against McGahee arose as a result of an
armed bank robbery committed at the Trust Federal Credit
Union located on Gunbarrel Road in Chattanooga, Tennessee, on
October 18, 2016. [Doc. 1]. Wearing "old man" style
masks and brandishing handguns, two men robbed the bank and
fled from the scene in a silver Jeep Compass. A bank employee
called 911 and described the Jeep to an operator who, in
turn, dispatched police officers to the bank to investigate.
The police issued a "be on the lookout" advisory
for the silver Jeep that had been used as a get-away vehicle.
after the robbery, an off-duty police officer observed a
silver Jeep Compass- occupied by two men-parked outside a
nearby medical plaza. Realizing that they had been spotted by
the officer, the two men sped away, leading police on a
high-speed chase. At some point, the driver of the Jeep lost
control of the vehicle and crashed into a telephone pole near
an office park. The two men exited the vehicle and attempted
to escape on foot. When police officers searched the wrecked
Jeep, they recovered a black knit cap, a gun, a pen with the
bank's logo, and a keyring containing a key to a Cadillac
vehicle. They also found an "old man" style mask
nearby. Quincy Richards-one of the men who had fled from the
wrecked Jeep-was caught by police after he leaped over a
concrete barrier wall and crossed eight lanes of traffic on
other man, later identified as Dorsey McGahee, led the police
on a more extended chase. After exiting the Jeep Compass,
McGahee ran to the parking lot of a neighboring office
building. There he encountered a woman sitting inside her
Lexus SUV. McGahee forced entry into the car, punched the
female driver, and ordered her out of the car. After
carjacking the vehicle, McGahee drove away continuing his
efforts to escape. Unbeknownst to McGahee, the driver of the
Lexus left her cell phone in the vehicle when she was
carjacked. Police later "pinged" that cell phone
and determined that the phone-and, more importantly, the
Lexus in which it was still located-was at an abandoned
house. When law enforcement arrived at the vacant residence,
they found the Lexus, but McGahee was not there. They did,
however, uncover a second "old man" style mask in
to the wrecked Jeep Compass, police officers ran the
registration and found that the vehicle belonged to Thrifty
Car Rental. Officers then visited the local Thrifty Car
Rental and learned that management had recently fired several
temporary employees for driving rental vehicles "off the
books" and without permission. When police reviewed a
list of the temporary employees of Thrifty who had been
recently terminated, McGahee was on the list. The officers
researched McGahee's background and discovered that
McGahee owned a Cadillac. With the Cadillac key recovered
from the wrecked Jeep-as well as McGahee's name on the
list of Thrifty Car Rental employees who had been
terminated-the authorities identified McGahee as a suspect.
Force Officer Jeremy Winbush entered McGahee's name into
the Tennessee Offender Management Information System
("TOMIS"), a database utilized by the Tennessee
Department of Correction. Through that database, Officer
Winbush discovered that McGahee's girlfriend, Nakeda
Eady, visited him seven times in 2015 while he was imprisoned
in state custody. Also, through their investigation into
McGahee's background, law enforcement discovered that
McGahee was on parole and was required to register as a sex
offender. When police were unable to locate McGahee, they
contacted his parole officer. The parole officer then called
McGahee and directed him to report to the parole office.
McGahee complied with this request.
McGahee arrived at the parole office, Winbush met him and
placed McGahee in handcuffs. McGahee asked if he was being
placed under arrest. Winbush replied that he was not under
arrest but indicated that he was being detained for an
interview. Winbush asked McGahee whether he had any drugs,
guns, weapons, or other contraband on his person. McGahee
responded that he did not. Another police officer then drove
McGahee to the local FBI office. Upon arrival at the FBI
office, Winbush placed McGahee in an interview room where he
remained in handcuffs. Officer Winbush sat across the table
from McGahee with a pen and notepad in hand.
reading McGahee his Miranda rights,  Winbush obtained
the following information during the interview:
• Winbush asked McGahee where he was staying. McGahee
responded that he lived with his girlfriend in Apartment 302
at Stone Ridge Apartments but sometimes stayed at his
• Winbush asked if McGahee's girlfriend is related
to the "Eadys." McGahee replied that his girlfriend
was Nakeda Eady.
• Referencing Eady, Winbush asked if she was employed.
McGahee responded that she was recently laid off from-or had
quit her job at- Memorial Hospital.
• Winbush asked for Eady's phone number. McGahee
provided Eady's phone number.
• Winbush asked whether Eady was at home. McGahee
indicated that she probably was at home, but he was not
• Winbush asked McGahee whether Eady drove a vehicle,
and also asked what make and color of the car she drove.
McGahee responded that she drove a blue BMW.
documented McGahee's answers, left the FBI office, and
drove to the Stone Ridge Apartments to interview Nakeda Eady.
Winbush testified at the hearing that he knew Eady from a
previous, unrelated case that he had investigated. Upon
questioning, Eady provided McGahee's telephone number to
Winbush. She also gave consent for Winbush to search her
phone. As Winbush looked at the contents of Eady's phone,
he viewed her contacts, call logs, and text messages. He
noted that she had a number saved in her contacts as
"Nuke." Eady confirmed that "Nuke" was
McGahee's nickname and that the corresponding phone
number was his. In looking at the phone, Winbush was able to
verify several calls McGahee made to Eady at around the time
of the bank robbery and the carjacking. Winbush then
questioned Eady about these calls from McGahee. She responded
that, in one of the calls made during that time, McGahee was
upset and indicated that he was looking for
"Quincy." Eady also advised Winbush that McGahee
had previously driven a rental vehicle while employed at
Thrifty Car Rental.
Winbush was questioning Eady at her apartment, two agents
entered the interview room at the FBI office where McGahee
was waiting. They identified themselves as Special Agent
Galloway with the FBI and Special Agent Puckett with the
Chattanooga Police Department's Major Crimes Unit. The
agents' interview-before giving McGahee his
Miranda rights-is summarized as follows:
• Galloway told McGahee that he and Puckett had just
left McGahee's parents' house.
• Galloway asked McGahee if he had any idea why McGahee
was at the FBI office. McGahee replied, "no."
• Galloway said that they were investigating a bank
robbery and carjacking. McGahee interrupted and asked what it
had to do with him. Galloway said that it had a lot to do
with him because there was "a lot of stuff" that
led them to McGahee.
• Puckett interrupted Galloway and said that there were
a few "formalities" to deal with before discussing
• Galloway told McGahee that the "formalities"
were to advise him of his rights. Galloway then presented an
advice-of-rights form to McGahee. Galloway asked McGahee if
he could read and write. McGahee said that he could.
• Galloway read the form aloud to McGahee, which states
we ask you any questions, you must understand your rights.
You have the right to remain silent. Anything you say can be
used against you in court. You have the right to talk to a
lawyer for advice before we ask you any questions. You have
the right to have a lawyer with you during questioning. If
you cannot afford a lawyer, one will be appointed for you
before any questioning if you wish. If ...