Summary
applying exception in drug investigation case of a third party where the officer "noticed ‘a bulge in [the defendant's] front pocket"
Summary of this case from United States v. MillerOpinion
08-CR-211.
September 9, 2010
ORDER
This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1). On November 12, 2008, defendant filed a motion to suppress. On May 10, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendant's motion to suppress be denied.
Defendant filed objections to the Report and Recommendation on May 24, 2010 and the government filed a response thereto. Oral argument on the objections was held on August 13, 2010.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, defendant's motion to suppress is denied.
The parties shall appear on Friday, September 10, 2010 at 9:00 a.m. for a status conference to set a trial date.
SO ORDERED.