Summary
holding discovery of firearm and drugs obtained in illegal search of person cannot subsequently be used to support issuance of new search warrant
Summary of this case from Butler v. United StatesOpinion
NO. 2:08-CR-102(01).
December 16, 2009
ORDER
This criminal matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated December 3, 2009. [Doc. 736]. The Magistrate Judge recommends that the defendant's motion to suppress evidence seized during the execution of a search warrant at the defendant's residence located at 3295 Cherokee Road in Johnson City, Tennessee, and evidence seized during the execution of a search warrant at the residence of Crystal Miller located at 1200 Taylor Bridge Road in Jonesboro, Tennessee, be denied. The defendant has filed an objection to this report. [Doc. 763].
After careful and de novo consideration of the Report and Recommendation of the United States Magistrate Judge, the defendant's objection to that Report and Recommendation, the defendant's motion to suppress, the response of the government, and for the reasons set out in the Report and Recommendation, which are incorporated by reference herein, it is hereby ORDERED that this Report and Recommendation is ADOPTED and APPROVED, and that the defendant's motion to suppress evidence seized during the execution of the search warrants is DENIED. [Doc. 459].