Summary
In United States v. Sutton, No. 8:04cr325-T-17TBM, 2007 WL 705044 (M.D. Fla. March 2, 2007), the defendant had low intellectual functioning, but the United States argued that based on the defendant's familiarity with the criminal process and his ability to answer an officer's questions without evidence of confusion, there was evidence that the defendant understood the importance of his Miranda rights and his waiver of those rights.
Summary of this case from U.S. v. JenningsOpinion
CASE NO. 8:04-CR-325-T-17TBM.
March 2, 2007
ORDER
This cause is before the Court on:
Dkt. 36 Motion to Suppress
Dkt. 39 Response
Dkt. 76 Amended Report and Recommendation
Dkt. 81 Objection
Defendant's Motion to Suppress was referred to the assigned Magistrate Judge, who conducted an evidentiary hearing, and has issued a Report and Recommendation recommending that the Motion to Suppress be denied as to the issue of probable cause to support the search warrant, and be granted as to Defendant's statement.
The Court has independently examined the pleadings, and has considered Defendant's objection to the Report and Recommendation. After consideration, the Court overrules the objection. The Court adopts and incorporates the Report and Recommendation. Accordingly, it is
ORDERED that the Amended Report and Recommendation is adopted and incorporated by reference herein; it is further Case No. 8:04-CR-325-T-17TBM
ORDERED that Defendant's Motion to Suppress is granted in part and denied in part. Defendant's Motion to Suppress is denied as to the issue of probable cause to support the search warrant, and is granted as to Defendant's statement.
DONE and ORDERED in Chambers, in Tampa, Florida.