Opinion
Case No. 2:03-CR-795 DB.
July 14, 2004
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation issued by United States Magistrate Judge David Nuffer on June 25, 2004, recommending that Defendant's Motion to Suppress Evidence be denied. (Docket No. 24.) Defendant moved the Court to suppress statements made by Defendant to police officers during an encounter that occurred in Defendant's home because the officers never advised Defendant of his Miranda rights. Magistrate Judge Nuffer found that the police officers' presence in Defendant's home combined with the officers questioning and conduct did rise to "the level of restraint on Defendant's freedom of movement" to require recitation of the Miranda warnings. (RR, p. 4.)
The parties were notified by mail of their right to file objections to the Report and Recommendation within ten (10) days after receiving it. The parties were further instructed that failure to file objections may constitute a waiver of those objections on subsequent appellate review. Neither party has filed an objection to the Report and Recommendation.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate Judge's Report and Recommendation, the Court ADOPTS the Report and Recommendation and DENIES Defendant's Motion to Suppress.