United States v. Cook

Full title: United States of America, Plaintiff, v. Leo Wayne Cook, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Aug 22, 2018

Criminal No. 18-04 (DWF/LIB) (D. Minn. Aug. 22, 2018)

Opinion

Criminal No. 18-04 (DWF/LIB)

08-22-2018

United States of America, Plaintiff, v. Leo Wayne Cook, Defendant.

DONOVAN W. FRANK United States District Judge

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION

This matter is before the Court upon the United States of America's ("Plaintiff") objections (Doc. No. 79) to Magistrate Judge Leo I. Brisbois's June 19, 2018 Report and Recommendation (Doc. No. 72) insofar as it recommends that Defendant's First Motion to Suppress Search of Defendant's Vehicle be granted. Defendant Leo Wayne Cook filed a response to Plaintiff's objection and motion for a de novo hearing on August 16, 2018. (Doc. No. 83.)

Although the Court is not required to hold a de novo evidentiary hearing, such a hearing will put it in the best position to evaluate the Government's argument. See United States v. Raddatz, 447 U.S. 667, 681 n.7 (1980) (assuming without deciding that a district court would not reject a magistrate's credibility findings where those findings are dispositive without conducting a de novo evidentiary hearing). Specifically, the Government challenges Magistrate Judge Brisbois's credibility findings regarding Minnesota State Patrol Trooper Brad Dingman's testimony concerning the stop of Defendant's vehicle. Defendant acknowledges that the credibility findings were central to Magistrate Judge Brisbois's analysis. (See, e.g., Doc. No. 83 at 7-8.) Because the credibility findings are outcome determinative, the Court will hold a de novo evidentiary hearing on Defendant's suppression motion.

The Court being otherwise duly advised in the premises, the Court hereby enters the following:

ORDER

1. Plaintiff United States of America's objections (Doc. No. [79]) to Magistrate Judge Leo I. Brisbois's June 19, 2018 Report and Recommendation are GRANTED insofar as they request a de novo evidentiary hearing on Defendant Leo Wayne Cook's First Motion to Suppress Search of Defendant's Vehicle (Doc. No. [41]).

2. The Court DECLINES TO ADOPT Magistrate Judge Leo I. Bisbois's June 19, 2018 Report and Recommendation (Doc. No. [72]).

3. The Court will conduct a de novo evidentiary hearing on Defendant Leo Wayne Cook's First Motion to Suppress Search of Defendant's Vehicle (Doc. No. [41]). Dated: August 22, 2018

s/Donovan W. Frank

DONOVAN W. FRANK

United States District Judge