Opinion
16-CR-545 (S-3)(ADS)
03-14-2019
APPEARANCES: United States Attorney's Office, Eastern District of New York Attorneys for the United States 610 Federal Plaza Central Islip, NY 11722 By: Allen Lee Bode, Assistant United States Attorney, Of Counsel. 271 Cadman Plaza East Brooklyn, NY 11201 By: Megan Elizabeth Farrell, Assistant United States Attorney, Of Counsel. LaRusso Conway & Bartling LLP Attorneys for the Defendant 300 Old Country Rd, Suite 341 Mineola, NY 11501 By: Robert P. LaRusso, Esq., Of Counsel.
MEMORANDUM OF DECISION & ORDER
APPEARANCES: United States Attorney's Office, Eastern District of New York
Attorneys for the United States
610 Federal Plaza
Central Islip, NY 11722
By: Allen Lee Bode, Assistant United States Attorney, Of Counsel. 271 Cadman Plaza East
Brooklyn, NY 11201
By: Megan Elizabeth Farrell, Assistant United States Attorney, Of Counsel. LaRusso Conway & Bartling LLP
Attorneys for the Defendant
300 Old Country Rd, Suite 341
Mineola, NY 11501
By: Robert P. LaRusso, Esq., Of Counsel. SPATT, District Judge:
On August 14, 2018, the Defendant brought motions to suppress evidence seized from a 2016 Black Chrysler Van with New Jersey license M23GCW (the "Rental Van") and evidence seized without a warrant from a cellphone with the number (718) 350-0346 (the "Roof Cellphone").
On November 13, 2018, the Court granted the Defendant's motion for a limited suppression hearing to address the factual circumstances regarding the seizures. The Court referred the hearing to United States Magistrate Judge Anne Y. Shields for a recommendation.
Pursuant to that Order, Judge Shields held a suppression hearing on February 4, 6 and 7, 2019 and on February 27, 2019 issued a Report and Recommendation ("R&R") recommending that the referred motions to suppress be denied. Specifically, Judge Shields found that: (1) "the totality of facts developed at the hearing establish that [the Defendant] abandoned the Rental Van, and therefore lacked a privacy interest that would allow him to complain of an unconstitutional search"; and (2) "[b]ased upon a review of the entirety of the testimony and photographs at the hearing," the Defendant abandoned the Roof Cellphone on the roof of 147 Smith, depriving him of a privacy interest therein. R&R at 28.
In reviewing a report and recommendation, a court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b) (1)(C). "'To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record.'" United States v. Muhammad, No. 12-cr-337, 2012 WL 6043589, at *1 (E.D.N.Y. Dec. 5, 2012) (Spatt, J.) (quoting Wilds v. United Parcel Serv., 262 F.Supp.2d 163, 169 (S.D.N.Y.2003)).
The Court has reviewed Judge Shields's R&R and finds it to be persuasive and without any legal or factual errors. There being no objections, the Court adopts the R&R in its entirety. Therefore, the Court denies the Defendant's motions to suppress evidence seized from the Rental Van and the Roof Cell Phone in their entirety.
It is SO ORDERED. Dated: Central Islip, New York
March 14, 2019
/s/ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge