Opinion
Case No. 99-CR-49 W.
May 3, 2000.
ORDER AFFIRMING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, AND DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO SUPPRESS.
This matter was referred to the Honorable Samuel Alba, United States Magistrate Judge, under 28 U.S.C. § 636(b)(1)(B), for handling of the case up to and including the report and recommendation on defendants' motions to suppress. On March 30, 2000, Judge Alba issued a Report and Recommendation, recommending that defendants' motion to suppress be denied in part and granted in part. Defendants jointly filed objections to the Report and Recommendation.
The court has made a de novo review of the entire file of this case as it relates to the motions to suppress and all matters to which objections have been made by the defendants. The court has reviewed all of the memoranda that were before Judge Alba on the motions to suppress and has read the transcript of the November 8, 1999 evidentiary hearing as well as the transcript of the February 22, 2000 oral arguments.
In the opinion of this court, the magistrate judge's Report and Recommendation thoroughly and properly analyzes the law and the facts relating to this matter. Specifically, and based on its review, the court finds proper the magistrate judge's finding that the warrant issued for the search of defendants' residence was supported by probable cause and that the agents did not improperly seize items outside the scope of that warrant. Additionally, the court concurs with the magistrate judge's finding that the officers were not in violation of the knock and announce statute in executing the search warrant.
Moreover, although not specifically objected to by defendants, the court finds proper the magistrate judge's finding that defendant Rawlinson validly and voluntarily consented to the warrantless search of the Bank One safe-deposit box, which she personally accessed and unlocked, as well as the warrantless search of the first storage shed, which she personally identified via a billing statement and by showing the officers' the appropriate key. Finally, the court agrees with the magistrate judge's conclusion that Agent Montefusco violated defendant Rawlinson's Sixth Amendment rights when questioning her outside the presence of counsel about the second storage shed.
Accordingly, based on the foregoing and good cause appearing,
IT IS HEREBY ORDERED that the Report and Recommendation of Magistrate Judge Alba, entered on March 30, 2000 is affirmed in its entirety. Defendants' motion to suppress is DENIED as to the evidence seized from defendants' residence and property, storage unit #04028 located at Stor-n-Lock Self Storage, 8620 So. 300 West, Sandy, Utah, and the Bank One safe-deposit box, and the motion is GRANTED as to the evidence seized from the second storage shed.