Opinion
4:07CR3117.
December 17, 2007
MEMORANDUM AND ORDER
I have considered the defendant's objection to Judge Piester's report and recommendation. I will deny the objection. I will adopt the report and recommendation.
Judge Piester heard the testimony of the police officer. In fact, he asked his own questions. (E.g., filing 47 at CM/ECF pages 33-37.) After that, he very carefully considered this matter in a 15-page written decision. Except for the following, I have nothing to add.
These points are especially significant to me:
* Given the defendant's cooperative attitude, the defendant's statement to the police, and the defendant's related hand gesture, a reasonable police officer could have construed what the defendant did and said to be an invitation to come into the motel room for the purpose of contacting Mr. Vega.
* Once the officers received permission to enter the room, other principles — having to do with officer safety, searches incident to arrest and the plain view doctrine — justified the additional intrusive police behavior.
Accordingly, and after de novo review,
IT IS ORDERED that:
1. The report and recommendation (filing 48) is adopted.
2. The objection (filing 59) is denied.
3. The motion to suppress (filing 26) is denied.