U.S. v. Smith, 2:18cr106-MHT. (2018)
Court: District Court, M.D. Alabama
Number: infdco20180709805
Visitors: 7
Filed: Jul. 06, 2018
Latest Update: Jul. 06, 2018
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . Defendants Cedric Smith and Antonio Flynn both moved to suppress evidence found when the police stopped them in a vehicle. This case is before the court on the recommendation of the United States Magistrate Judge that the motions to suppress be denied because the police had both probable cause and reasonable suspicion to stop the vehicle. There are no objections to the recommendation. Upon an independent and de novo review of the record
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . Defendants Cedric Smith and Antonio Flynn both moved to suppress evidence found when the police stopped them in a vehicle. This case is before the court on the recommendation of the United States Magistrate Judge that the motions to suppress be denied because the police had both probable cause and reasonable suspicion to stop the vehicle. There are no objections to the recommendation. Upon an independent and de novo review of the record,..
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OPINION AND ORDER
MYRON H. THOMPSON, District Judge.
Defendants Cedric Smith and Antonio Flynn both moved to suppress evidence found when the police stopped them in a vehicle. This case is before the court on the recommendation of the United States Magistrate Judge that the motions to suppress be denied because the police had both probable cause and reasonable suspicion to stop the vehicle. There are no objections to the recommendation. Upon an independent and de novo review of the record, the court concludes that the recommendation should be adopted as to the finding that the police had probable cause for the traffic stop. However, as it is unnecessary for the court to reach the issue of reasonable suspicion, the court declines to adopt the recommendation as to that issue.
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Accordingly, it is ORDERED as follows:
(1) The recommendation of the United States Magistrate Judge (doc. no. 54) is adopted to the extent described above.
(2) The motions to suppress (doc. nos. 33 & 34) are denied.
Source: Leagle
