"At the time of his arrest in June 2004, Brendan Shaw was two months shy of his nineteenth birthday and had an eleventh-grade education. He was living with his cousin and cousin's wife, Aaron and Angie Shaw, and their three children (all boys), ages one, three, and five,1 as a live-in babysitter. He had been living with his cousin's family for approximately four months. On the evening of June 21, 2004, Angie Shaw brought her three-year-old son to the Blanchfield Army Community Hospital *618 (“BACH” or “Hospital”) emergency room (“ER”) to be examined. She told medical personnel at the ER that the three-year-old had claimed that Shaw had “touched his pee-pee” and that Shaw's “pee-pee had touched his butt.” (Joint Appendix (“JA”) 7.) The doctor who examined the child found no physical evidence of trauma or sexual penetration. Military Police (“MP”) were nonetheless called to the hospital and told of the allegation....
At the Shaws' residence, [MP] Ford found the Defendant in front of the house with another teenager who also lived on base. Ford told the other teenager to go home and told Shaw “they needed to talk to him down at CID.” (JA 85.) Ford did not tell Shaw why “they” wanted to talk to him at CID. He also testified that he did not place Shaw under arrest at that point, but neither did he tell him he was not under arrest. Instead, he frisked him and handcuffed him before placing him in the backseat of the police car. Ford stated he handcuffed Shaw only because the MP's standard operating procedure required handcuffing anyone going into the back of an uncaged car for officer safety. Ford did not explain that fact to Shaw either, however. Ford also did not permit Shaw to go inside and put shoes on before leaving—Shaw arrived at CID fully dressed except that he was wearing socks and no shoes.
Shaw later learned that around 1:45 the same morning he was taken into custody, his uncle, Paul Shaw, received a phone call from Aaron Shaw. Aaron seemed upset and asked Paul to come pick up the Defendant. Paul Shaw left his home in Troy, Indiana around 2:00 a.m. and drove down to Fort Campbell that same night. He arrived at the CID office, where he asked if he could pick up his nephew. He was told he could not. He left his phone number for the Defendant to call him, but Shaw was never given the message that his uncle had been there. It is not clear from the record what time Paul Shaw arrived at CID....
After the CID's twenty-hour detention of Shaw, he was transferred to the custody of the FBI and taken to a federal detention facility. He was not taken before a magistrate until sometime on June 23, 2004."
United States v. Shaw, 464 F.3d 615, 617–20 (6th Cir. 2006)
Editor's note: Shaw appears to have been a civilian. Why was CID interrogating him and arresting him?
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