Summary
extrapolating from the holding in Muehler to find that “the asking of a question does not constitute a search”
Summary of this case from Phillips v. Cnty. of OrangeOpinion
07-CR-265.
May 14, 2008
ORDER
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A). On April 23, 2008, March 10, 2008, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion for suppression of evidence be denied.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties. No objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, defendant's motions for suppression is denied.
Counsel shall appear on May 16, 2008 at 9:00 a.m.for a meeting to set a date for trial.
SO ORDERED.