Opinion
Case No. 2:13-cr-029-APG-GWF
04-30-2013
UNITED STATES OF AMERICA, Plaintiff, v. DAVID ALLAN GARRETSON, et al., Defendants.
ORDER
This matter comes before the Court on Defendant David Garretson's ("Defendant") Motion to Suppress (#49), filed on April 8, 2013. The Court scheduled a hearing on the Motion (#49) for May 7, 2013. See April 9, 2013 Minute Order, Doc. #52. The Court reserved determination of whether the hearing will be an evidentiary hearing until after Plaintiff responded to the Motion (#49). See id. Plaintiff filed its Response (#56) on April 25, 2013. Having reviewed the Motion (#49) and the Response (#56), the Court will conduct an evidentiary hearing to determine whether officers violated the fourth amendment by entering Defendant's property through a side gate to gain visual access to the home's interior through a back window. The Court will not conduct an evidentiary hearing as regards allegedly misleading omissions from the subsequent search warrant affidavit in violation of Franks v. Delaware, 438 U.S. 154 (1978). Accordingly,
IT IS HEREBY ORDERED that, as regards the officers' entry onto Defendant's property and subsequent observation inside the home through a back window, the hearing on May 7, 2013 at 9:00 AM on Defendant Garretson's Motion to Suppress (#49) shall be an evidentiary hearing.
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GEORGE FOLEY, JR.
United States Magistrate Judge