U.S. v. Cotton

Full title: UNITED STATES OF AMERICA, Plaintiff, v. KEVIN L. COTTON, Defendant

Court: United States District Court, D. Nebraska

Date published: Jun 26, 2002

4:02CR3025 (D. Neb. Jun. 26, 2002)

Opinion

4:02CR3025

June 26, 2002

ORDER

LYLE E. STROM, United States District Judge.

This matter is before the Court on defendant's objection (Filing No. 19) to the magistrate judge's report and recommendation (Filing No. 18), wherein the magistrate judge recommends that defendant's "motion to dismiss, or alternatively, to suppress" be denied in part and granted in part. The effect of the magistrate judge's report and recommendation is that the motion to dismiss be denied and that the motion to suppress be denied except as to the questions and answers which occurred after Mr. Cotton was handcuffed, during which the trooper elicited information about the ownership, type and amount of the drugs found in the vehicle as this constituted custodial interrogation without having been given his Miranda warnings.

The Court has conducted a de novo review of the defendant's motion, the transcript of the hearing before the magistrate judge held on May 2, 2002 (Filing No. 17), the report and recommendation of the magistrate judge, defendant's objection to said report and defendant's brief in support of his objections. A review of the transcript included viewing the exhibits and in particular the tape of the stop which occurred on December 24, 2001. Having completed this review, the Court finds that the magistrate judge's report and recommendation should be approved and adopted by the Court. Accordingly,

IT IS ORDERED:

1) The report and recommendation of the magistrate judge is approved and adopted.

2) Defendant's objection is overruled and his motion to dismiss is denied. His motion to suppress is granted to the extent that statements made by defendant at the scene of the traffic stop and in response to questioning by the troopers during and after Mr. Cotton was handcuffed are suppressed.

3) Trial of this matter is scheduled for:

Monday, August 26, 2002, at 9 a.m.

in Courtroom No. 2, Denney Federal Building, Lincoln, Nebraska, as soon thereafter as may be called by the Court. The ends of justice will be served by continuing this case and outweigh the interests of the public and the defendant in a speedy trial. The additional time between June 26, 2002, and August 26, 2002, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. 18 U.S.C. § 3161(h)(8)(A) (B).