Summary
holding that the police lacked probable cause and noting that the police had not observed the defendant transporting, storing or conducting any drug business or other illegal activity from his vehicle
Summary of this case from U.S. v. SmithOpinion
CASE NO. 07-80051-CR-HURLEY/VITUNAC.
January 2, 2008
ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THIS CAUSE come before the court upon the report and recommendation of a United States Magistrate as to defendant's motion to suppress evidence derived from two search warrants lacking substantial basis for probable cause and from law enforcement's illegal search and seizure, [DE 90], filed October 25, 2007. In accordance with 28 U.S.C. § 636(b)(1)(c), and upon defendant's objections to the magistrate's report, this court conducted a de novo review of the matter. Upon such review, the court is in complete accord with the magistrate's findings of fact and conclusions of law as set out in the report and recommendation. Accordingly, it is hereby
ORDERED and ADJUDGED that:
1. The magistrate judge's report and recommendation are adopted.
2. The defendant's motion to suppress is granted in part and denied in part as follows:
a) The motion to suppress the evidence of the search of Apartment 5213 from the search warrant issued by Judge Libitz is denied;
b) The motion to suppress the search of the Audi on March 22, 2007, is granted; and
c) The motion to suppress the search at 4660 Portofine Way, Apartment 201, on March 22, 2007, is granted. DONE and SIGNED in Chambers at West Palm Beach, Florida.