Opinion
CASE NO. 8:07CR249.
October 29, 2007
MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation (Filing No. 35) issued by Magistrate Judge Thomas D. Thalken recommending denial of the Defendant's motion to suppress (Filing No. 21). No objections have been filed to the Report and Recommendation as allowed by 28 U.S.C. § 636(b)(1)(C) and NECrimR 57.3(a).
The Defendant seeks an order suppressing evidence derived from the June 21, 2007, stop and search of the Defendant's vehicle. Judge Thalken determined: a traffic violation, parking near a no-parking sign on the side of a ramp leading to a scale on the interstate, constituted probable cause for the stop; the investigative detention was reasonable in light of the traffic stop; and the Defendant voluntarily gave verbal consent to the search of the vehicle.
Notwithstanding the absence of objections, pursuant to 28 U.S.C. § 636(b)(1)(C) and NECrimR 57.3, the Court has conducted a de novo review of the record. The Court has read the parties' briefs (Filing Nos. 22, 29) and the transcript (Filing No. 38). The Court has also viewed the evidence. (Filing No. 34) Because Judge Thalken fully, carefully, and correctly applied the law to the facts, the Court adopts the Report and Recommendation in its entirety.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation (Filing No. 35) is adopted in its entirety; and
2. The Defendant's motion to suppress (Filing No. 21) is denied.