Page 20 - PCPA Winter 2025 Bulletin Magazine

PA CHIEFS OF POLICE ASSOCIATION
CHRIS BOYLE'S LEGAL UPDATE:
UNITED STATES V. RONK, 2025 U.S. DIST. LEXIS 214309
incrimination.” Id. However, “subtle compulsion” is not
interrogation requiring Miranda warnings. Id. at 528-29
(citing Innis, 446 U.S. at 303). Furthermore, “[p]loys to
mislead a suspect or lull him into a false sense of security
that do not rise to the level of compulsion or coercion to
speak are not within [*23] Miranda’s concerns.” Perkins,
496 U.S. at 297 (citations omitted).
be perceived as calling for any verbal response and
therefore were not ‘words or actions’ constituting custodial
interrogation”). [*25] Thus, Ronk’s statement of “I fucking
knew it,” will not be suppressed.
The “functional equivalent” test looks at the “perceptions
of the suspect, rather than the intent of the police.” Innis,
446 U.S. at 301. In this case, the Kingston Township
Police Department used several artifices to effectuate an
arrest. They relied on the appearances of a townhouse
neighborhood and a unit that appeared to be lived-
in from the outside. They furthered that ruse by playing
an emotional love song as Ronk exited his vehicle and
entered the residence. When Ronk crossed the threshold
into the house, the lights were off, and heavy curtains
blocked daylight from coming through the windows.
Officers were positioned in a manner where they would
not be immediately visible when opening the front door.
When Ronk opened the door to the residence, all the
police pretenses up to that point culminated in a surprise,
high-force arrest.
Shortly thereafter, in trying to re-secure Ronk’s left hand,
Sergeant Huntzinger grabbed the defendant’s hand and
pulled the defendant’s arm behind his back. In doing
so, Huntzinger grazed the defendant’s head with his
arm. Ronk said, “Okay, okay, okay,” in response to the
officer’s efforts. In this context, the repeating of the word
“okay” is not an incriminating response to the functional
equivalent of interrogation. Rather, this statement amounts
to defendant’s response to officer force and physical
restraints to further an arrest. This statement will also not
be suppressed.
Next, Ronk said, “I was coming to see her, not the kid.”
In context, the defendant made this statement after
officers provided him with instructions so they could apply
handcuffs, and nothing else. Those words from the police
are attendant to the defendant’s arrest. Ronk’s statement
was immediately preceded by the sounds of handcuffs
being clicked onto one of his wrists. Handcuffing a suspect
is a police action normally attendant to arrest. Thus,
Ronk initially wailed and made whimpering noises. These
Ronk’s statement of “I was coming to see her, not the kid,”
initial noises are not dispositive facts, however. From
will not be suppressed.
review of the bodycam videos, Ronk “showed no signs
of being emotionally upset or overwrought[,]” once he
realized that he had been physically detained by police
officers. United States v. Calisto, 838 F.2d 711, 718 (3d
Cir. 1988). That is, Ronk’s demeanor changed quickly.
He stopped [*24] whimpering. In response to officer
commands of “Relax,” and “Listen,” Ronk more calmly told
the officers, “I’m Listening,” and “Okay.” When defendant
said, “I fucking knew it,” he was no longer behaving in a
scared or surprised manner. Rather, he had just followed
police commands to roll over and was making grunting
noises as the result of rolling onto his knees while being
physically held by the officers. Ronk was also in the
process of intentionally or unintentionally pulling his left
hand away from Sergeant Huntzinger’s grasp.
From the court’s review of defendant’s actions, and the
tenor and tone of his voice, any initial surprise created by
the style of the arrest had thoroughly dissipated by the
time he said, “l fucking knew it.” Contrary to his arguments,
Ronk did not make this statement in response to the
surprise arrest, or the efforts officers made to conceal
the residence as a sting house. Instead, Ronk voluntarily
made this statement in response to officer words and
actions attendant to arrest. See Muniz, 496 U.S. at
603 (holding that officer instructions “were not likely to
The officers’ [*26] conduct during the initial process of
securing the defendant were routine procedures related
to officer safety and control of the scene, not words and
actions meant to further the procurement of testimonial
evidence.6 Thus, all the statements made by Ronk to
this point were made spontaneously and voluntarily in
response to words and actions normally attendant to arrest
and custody.
Statements Made During the Search Incident to Arrest.
Next, Sergeant Huntzinger and Chief Maransky moved
Ronk to a larger living room area. In that area, Officer Carter
radioed into a communications center that the officers
had “one male in custody.” Defendant then remarked, “I
should’ve — I should’ve fuckin’ known better.”
6 After Ronk said, “I was coming to see her, not the kid,” Sergeant Hunt-
zinger yelled, “Enough!” and continued making further commands rela-
tive to handcuffing the defendant. Huntzinger testified that he intended to
communicate, “quit talking.” (Doc. 51, H.T. at 36:2-7). Ronk argues that
Huntzinger should have provided him with Miranda warnings instead of
demanding silence. (Id. at 51:5-14) From the court’s perspective, how-
ever, Sergeant Huntzinger’s decision to yell “Enough!” in response to
Ronk’s statements was an active intervention to discourage the defen-
dant from speaking. Such a statement objectively refutes any contention
that the police officers were attempting to exploit the environment to gain
unwarned admissions.
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