Summary
holding that questioning about arrestee's mental and physical health was not interrogation
Summary of this case from United States v. VicenteOpinion
Crim. File No. 07-359 (MJD/FLN).
January 22, 2008
Thomas M. Hollenhorst, United States Attorney's Office, Counsel for Plaintiff.
Douglas Olson, Office of the Federal Defender, Counsel for Defendant.
ORDER
The above-entitled matter comes before the Court upon the Report and Recommendation of Magistrate Judge Franklin L. Noel filed December 11, 2007. [Docket No. 30] Defendant Daine Joseph Adam Linderman filed objections to the Report and Recommendation. Linderman did not order a transcript of the hearing before the Magistrate Judge and stipulated that the Court did not need to review a transcript of the hearing in order to resolve his objections.
Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on that review the Court adopts the Report and Recommendation filed December 11, 2007.
Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The Magistrate Judge's Report and Recommendation filed December 11, 2007 [Docket No. 30] is hereby ADOPTED.
2. Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure [Docket No. 21] is DENIED.
3. Defendant'S Motion to Suppress Statements, Admissions and Answers [Docket No. 22] is DENIED.