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U.S. v. Millan-Zavala

United States District Court, D. Arizona
Jul 17, 2006
No. CR 05-1702-TUC-FRZ (JCG) (D. Ariz. Jul. 17, 2006)

Summary

In United States v. Millan-Zavala, No. CR 05-1702-TUC-FRZ (JCG), 2006 WL 2033012, at *2 (D. Ariz. July 17, 2006), the court found that an officer had reasonable suspicion to conduct a traffic stop under A.R.S. § 28-730 where the defendant was driving within twenty feet, less than two car lengths, of the car in front at 65 mph. The officer witnessed the defendant following this close for fifteen to thirty seconds before merging into another lane.

Summary of this case from United States v. Ayala

Opinion

No. CR 05-1702-TUC-FRZ (JCG).

July 17, 2006


ORDER


This matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and the local rules of practice of this Court for hearing and report and recommendation on Defendant Ricardo Ariel Millan-Zavala's Motion to Suppress [31] and Defendant Salvador Estrada's Notice of Joinder in the Motion to Suppress [34].

On June 19, 2006, Magistrate Judge Jennifer C. Guerin conducted a hearing and on June 21, 2006 issued her Report and Recommendation. A copy was sent to all parties. Neither party filed objections to the Magistrate Judge's Report and Recommendation.

The Court, having made an independent review of the record herein, orders as follows:

IT IS ORDERED that Magistrate Judge Guerin's Report and Recommendation is ACCEPTED and ADOPTED by this Court as the findings of fact and conclusions of law in this matter.

IT IS ORDERED that Defendant Millan-Zavala's Motion to Suppress is DENIED and Defendant Estrada's request for joinder in the Motion to Suppress is DENIED.


Summaries of

U.S. v. Millan-Zavala

United States District Court, D. Arizona
Jul 17, 2006
No. CR 05-1702-TUC-FRZ (JCG) (D. Ariz. Jul. 17, 2006)

In United States v. Millan-Zavala, No. CR 05-1702-TUC-FRZ (JCG), 2006 WL 2033012, at *2 (D. Ariz. July 17, 2006), the court found that an officer had reasonable suspicion to conduct a traffic stop under A.R.S. § 28-730 where the defendant was driving within twenty feet, less than two car lengths, of the car in front at 65 mph. The officer witnessed the defendant following this close for fifteen to thirty seconds before merging into another lane.

Summary of this case from United States v. Ayala
Case details for

U.S. v. Millan-Zavala

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff(s), v. Ricardo Ariel Millan-Zavala…

Court:United States District Court, D. Arizona

Date published: Jul 17, 2006

Citations

No. CR 05-1702-TUC-FRZ (JCG) (D. Ariz. Jul. 17, 2006)

Citing Cases

United States v. Ayala

The Court is aware of only one other case in this District addressing a similar situation. In United States…