Opinion
CRIMINAL ACTION 22-0114
11-10-2022
UNITED STATES OF AMERICA v. MICHAEL MALCOLM
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 10th day of November 2022, upon consideration of Defendant's Motion to Suppress (ECF 14) and the Government's Responses (ECF 21, 22), and after holding an evidentiary hearing and oral argument on the Motion (ECF 28), it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part.
Specifically:
1. The records obtained from the black Apple iPhone 11 with cell phone number (267) 218-8645 seized from Malcolm are SUPPRESSED.
2. A.K., C.K. and J.P.'s out-of-court identifications of Malcolm are SUPPRESSED.
3. A.K., C.K. and J.P. may not make any future in-court identifications of Malcolm as the person who committed the offenses alleged in the Indictment (ECF 8).
4. The Motion is DENIED to the extent it seeks to suppress future in-court identifications of Malcolm by “other government witnesses.”