MARTIN REIDINGER, District Judge.
On December 4, 2012, the Defendant was charged in a Bill of Indictment with one count of knowingly possessing a firearm after having been convicted of a felony, in violation of 18 § U.S.C. 922(g)(1). [Doc. 1]. On February 8, 2013, the Defendant filed a Motion to Suppress, arguing that his Fourth Amendment right to be free from unreasonable search and seizure was violated when law enforcement detained him for a period longer than needed to determine the existence of the violation that first prompted a traffic stop and subsequently found a gun in the vehicle. [Doc. 9].
On March 5, 2013, the Honorable Dennis L. Howell, United States Magistrate Judge, conducted an evidentiary hearing on the Defendant's motion. On May 29, 2013 the Magistrate Judge issued a Memorandum and Recommendation, recommending that the Motion to Suppress be denied. [Doc. 16]. The Defendant timely filed Objections to the Memorandum and Recommendation. [Doc. 18]
A district court may refer a motion to suppress to a magistrate judge for a recommendation pursuant to Rule 59(b)(1) of the Federal Rules of Criminal Procedure. The Court must consider any objection to the magistrate judge's recommendation
Upon careful examination of the evidentiary hearing transcript in this case, the Court finds that the Magistrate Judge's findings of fact as set forth in pages 2 through 9 of the Memorandum and Recommendation are correct and deserving of adoption by this Court. These findings are therefore incorporated herein.
The Defendant objects to the Magistrate Judge's conclusion that the stop and seizure of his vehicle was reasonable and not in violation of the Fourth Amendment. Specifically, the Defendant argues that Deputy McKinney did not have reasonable cause to stop the vehicle because Deputy McKinney himself testified that he observed that the Defendant was wearing his seatbelt when he first approached the vehicle during the traffic stop. The passenger in the vehicle, Misty Stone, further testified that the Defendant was wearing his seatbelt at all times while operating the vehicle. This evidence, the Defendant contends, establishes that the Defendant had not committed any observable traffic violation prior to Deputy McKinney initiating the traffic stop. [Doc. 18 at 2].
Deputy McKinney testified that as the Defendant's vehicle passed him, he observed that the driver was not wearing a seatbelt, in violation of North Carolina law. [T. at 6, 57]. The Magistrate Judge clearly found Deputy McKinney's testimony on this point to be credible, and the Court finds no basis to disturb the Magistrate Judge's credibility determination.
The Defendant contends that Deputy McKinney could not have entered the license plate number before the initiation of the traffic stop because the officer did not have sufficient time to enter that information into his computer and receive the results before he pulled the vehicle over. While this hypothesis of events is certainly plausible, it is entirely unsupported by the record. Deputy McKinney testified that he was able to drive with his left hand and work the computer with his right hand after he had turned around and was following the Defendant's vehicle. [T. at 57-58]. Deputy McKinney further testified that within five or ten seconds, the computer returned information that the license plate was not associated with the Defendant's vehicle. [
The Defendant also argues that even if the traffic stop was initially justified, Deputy McKinney's actions during the stop were not reasonably related in scope to the initial justification for the stop. [Doc. 18 at 3]. This argument, however, is without merit. When an officer conducts a traffic stop, the officer must "diligently pursue the purpose of the stop" and refrain from "embark[ing] on a sustained course of investigation."
For the reasons stated herein, the Court concludes that the Magistrate Judge's findings of fact are correct and that his conclusions of law are consistent with current law. Accordingly, the Court overrules the Defendant's objections to the Memorandum and Recommendation and hereby accepts the Magistrate Judge's recommendation that the motion to suppress be denied.
Accordingly,