Summary
holding 43 minutes between initial stop and drug dog arriving on scene reasonable
Summary of this case from United States v. VawterOpinion
Case No. 10-5003-01-CR-SW-RED.
March 8, 2011
ORDER
Now before the Court is Defendant's Motion to Suppress Evidence on the Basis of an Unlawful Search and Seizure under the Fourth Amendment to the United States Constitution (Doc. 30), the Government's Suggestions in Opposition to Defendant's Motion to Suppress Evidence (Doc. 35), Defendant's Reply to the Government's Suggestions in Opposition to the Motion to Suppress (Doc. 37), Defendant's Suggestions in Support of Motion to Suppress Following Hearing and Evidence Presented by the Government (Doc. 40), and the Report and Recommendation of the United States Magistrate Judge (Doc. 42). Also before the Court is Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge on Defendant's Motion to Suppress (Doc. 43). After careful and independent review of the parties' submissions and the Report and Recommendation, this Court agrees with and ADOPTS the Report and Recommendation of the United States Magistrate Judge (Doc. 42) in full. Accordingly, the Court DENIES Defendant's Motion to Suppress (Doc. 30).
IT IS SO ORDERED.
DATED: March 8, 2011