U.S. v. Bullen

Full title: UNITED STATES OF AMERICA, Plaintiff, v. NATHAN ANTHONY BULLEN and PETER…

Court: United States District Court, D. Utah, Central Division

Date published: Jun 28, 2004

Case No. 2:03CR00857 (D. Utah Jun. 28, 2004)

Opinion

Case No. 2:03CR00857.

June 28, 2004

ORDER

DEE BENSON, Chief Judge, District

Before the Court is defendant Nathan Anthony Bullen's and defendant Peter Abran Sandoval's Motions to Suppress Evidence. The Motions were referred to the magistrate judge pursuant to 28 U.S.C. § 636B(b)(1)(B). The magistrate judge heard testimony and oral argument regarding the Motions to Suppress on January 20, 2004. The magistrate judge issued his Report and Recommendation on April 26, 2004, which found that the defendants' continued detention after a permissible traffic stop was reasonable and constitutional. Both defendants filed Objections to the Report and Recommendation arguing the unconstitutionality of defendants' prolonged detention after the permissible traffic stop.

The Court has reviewed the parties' briefs and the Report and Recommendation issued by the magistrate judge. The Court finds the continued detention of the defendants after a constitutional stop was fully supported by the evidence presented at the suppression hearing. The Court therefore overrules the defendants' objections and adopts the magistrate judge's Report and Recommendation in its entirety.

Defendants' Motions to Suppress are DENIED. IT IS SO ORDERED.