Opinion
CASE NO. 10-20801-CR-JORDAN
08-29-2011
ORDER ON MR. MONCUR'S MOTION TO SUPPRESS
Upon a de novo review of the record, I adopt Magistrate Judge O'Sullivan's report and recommendation [D.E. 144]. Accordingly, Mr. Moncur's motion to suppress [D.E. 107] is denied as to the cell phones, denied as moot as to the marijuana residue, and granted as to the scale.done and ordered in chambers in Miami, Florida, this 29th day of August, 2011.
Mr. Moncur did not file any objections to the report. The government did file objections, but they pertain only to whether Mr. Moncur had a reasonable expectation of privacy in the cell phones [D.E. 146]. Given that the motion to suppress is denied as: to the cell phones, it is unnecessary to address the government's objections.
Adalberto Jordan
United States District Judge
Copy to: Magistrate Judge O'Sullivan
All counsel of record