Summary
adopting a report and recommendation which mentioned law enforcement's use of "active GPS information from a cell tower demonstrating that the defendant's cell phone was in the immediate area," which, along with other evidence, formed the basis for law enforcement's reasonable belief that defendant was within the premises sought to be searched
Summary of this case from United States v. PadgettOpinion
2:12-cr-463-JHH-JEO
02-11-2013
UNITED STATES OF AMERICA, v. BENJAMIN TODD ACTON
ORDER
On December 23, 2013 Magistrate Judge Ott submitted to the court his January 23, 2013 Report and Recommendation (doc. #19) with respect to the pending motion (doc. #12) to suppress. Either party had until February 6, 2013 to file an objection thereto and none has been filed by either party. The court has fully considered the Report and Recommendation and fully ADOPTS and ACCEPTS the thorough contents therein. Based thereon, the December 28, 2012 motion (doc. #12) of defendant to suppress is DENIED.
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SENIOR UNITED STATES DISTRICT JUDGE