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U.S. v. Rookard

United States District Court, W.D. New York
Jul 27, 2007
05-CR-332S (W.D.N.Y. Jul. 27, 2007)

Summary

upholding frisk when defendant "immediately dropped his right hand very rapidly down out of [the officer's] sight towards his waist" upon being caught in a police spotlight

Summary of this case from U.S. v. McCrae

Opinion

05-CR-332S.

July 27, 2007


DECISION AND ORDER


1. On January 26, 2007, the Honorable H. Kenneth Schroeder, Jr., United States Magistrate Judge, filed a Report and Recommendation recommending that this Court deny Defendant's Motion to Suppress Evidence filed on January 10, 2006.

2. On April 1, 2007, Defendant filed timely Objections to Judge Schroeder's Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1)(C) and Local Rule 72.3(a)(3). After full briefing, this Court heard oral argument on June 28, 2007, and took the matter under advisement.

3. This Court has thoroughly reviewed de novo Judge Schroeder's Report and Recommendation, Defendant's Objections thereto, and the applicable law. Upon due consideration, this Court finds no legal or factual error in Judge Schroeder's Report and Recommendation, and it concurs in his conclusions. Accordingly, Defendant's Objections are denied and this Court will accept Judge Schroeder's Report and Recommendation in its entirety.

IT HEREBY IS ORDERED, that this Court accepts Judge Schroeder's Report and Recommendation (Docket No. 39) in its entirety, including the authorities cited and the reasons given therein.

FURTHER, that Defendant's Objections (Docket No. 49) are DENIED.

FURTHER, that Defendant's Motion to Suppress Evidence (Docket No. 12) is DENIED for the reasons set forth in Judge Schroeder's Report and Recommendation.

FURTHER, that the status conference previously scheduled for July 30, 2007 at 9:00 a.m. has been moved to 2:00 p.m.

SO ORDERED.


Summaries of

U.S. v. Rookard

United States District Court, W.D. New York
Jul 27, 2007
05-CR-332S (W.D.N.Y. Jul. 27, 2007)

upholding frisk when defendant "immediately dropped his right hand very rapidly down out of [the officer's] sight towards his waist" upon being caught in a police spotlight

Summary of this case from U.S. v. McCrae
Case details for

U.S. v. Rookard

Case Details

Full title:UNITED STATES OF AMERICA, v. TONY ROOKARD, Defendant

Court:United States District Court, W.D. New York

Date published: Jul 27, 2007

Citations

05-CR-332S (W.D.N.Y. Jul. 27, 2007)

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