Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)

Citation: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Parent Document: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Jurisdiction: United States (federal)
Effective Date: 2023-09-29
Original Source: https://www.courtlistener.com/opinion/9429207/greg-moore-v-sean-garnand/ ↗

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of the fire was determined to be arson. Mr. Moore arrived at
the scene while the firefighters were still tending to the fire.
He identified himself as being responsible for the property.
Mr. Moore left the scene after an investigator from the fire
department told him that he could leave. Later that night, a
police officer called Mr. Moore and asked if he could meet
to talk about the fire. Mr. Moore said that he could meet the
next day at his office.
    The next day, Defendants went to Mr. Moore’s office
with a search warrant that they had obtained on the night of
the fire. Mr. Moore was in his office with an attorney.
Officer Garnand identified himself and started to ask Mr.
Moore questions. The attorney advised Mr. Moore to remain
silent. Officer Garnand then explained that he had a warrant
to seize Mr. Moore’s cell phone and evidence from his
person. The attorney said that Mr. Moore would not give up
his cell phone. At that point, Officer Garnand took a cell
phone out of Mr. Moore’s hand and handcuffed him. Mr.
Moore refused to answer any questions, stating that he was
invoking his right to remain silent. Mr. Moore was
transported to the police station, where his DNA and
fingerprints were taken. He was released soon after.
    Five days after Mr. Moore’s arrest, Defendants obtained
a warrant to search Mr. Moore’s office and the Moores’
home. The warrant was supported by Officer Garnand’s
affidavit, which referenced a 2011 arson at a property
connected to Mr. Moore and the recent June 8, 2017 arson.
Officer Garnand led the search at the Moores’ home. Mrs.
Moore was home alone and, sometime during the search,
Officer Garnand told her, “You know we wouldn’t be here
if your husband had just talked to us.”
6                        MOORE V. GARNAND

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