HAROLD MURPHY, District Judge.
This case is before the Court on Defendant's Motion to Suppress Evidence [41], on Defendant's Supplemental Motion to Suppress Evidence ("Supplemental Motion") [50],
28 U.S.C. § 636(b)(1) requires that in reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The Court therefore must conduct a
The Court previously entered an Order adopting a previous Non-Final Report and Recommendation and denying Defendant's Motion to Suppress Statements. (Order of May 16, 2012.) The Court incorporates the Background portion of its May 16, 2012 Order into this Order as if set forth fully herein, and adds only those background facts that are relevant to the instant Motions.
On April 2, 2012, Defendant filed his Motion to Suppress Evidence. (Docket Entry No. 41.) Defendant sought to suppress all fruits of (1) the allegedly unlawful stops, searches, and seizures of Defendant's person and property upon returning to the United States from abroad;
On April 17, 2012, Judge Johnson addressed Defendant's Motion to Suppress Evidence during a telephone pretrial conference on April 17, 2012. (Docket Entry No. 44.) During that conference, counsel for the Government represented that the Government would not offer at trial any evidence obtained from the border searches conducted of Defendant's person and property.
On April 26, 2012, Defendant filed a Supplemental Motion to Suppress Evidence, arguing that: (1) per the discovery provided, the Government will be unable to move forward with at least two overt acts described in the Indictment if it does not introduce evidence obtained from the border searches; (2) the other evidence in the case, including physical evidence and statements made by Defendant, is so interconnected and without sufficient attenuation from the border searches to be admissible as evidence from an independent source; and (3) because the origin of much of the evidence is vague and unclear, a hearing is necessary to determine what evidence was discovered during the border searches. (Docket Entry No. 50.) The Government filed a response opposing the Motion, (Docket Entry No. 49.) Defendant then filed a reply reiterating his previous arguments. (Docket Entry No. 51.)
On June 18, 2012, Judge Johnson issued his Non-Final Report and Recommendation. (Docket Entry No. 59.) Judger Johnson recommends that the Court deny Defendant's Motion to Suppress Evidence and Defendant's Supplemental Motion. (
Defendant has filed Objections to the Non-Final Report and Recommendation. (Docket Entry No. 62.) The Court finds that no response from the Government is necessary, and concludes that this matter is ripe for resolution.
The Court finds that Judge Johnson properly recommended that the Court deny Defendant's Motion to Suppress Evidence and Supplemental Motion. As Judge Johnson pointed out, Defendant complains about two warrantless searches and seizures that occurred when Defendant entered the United States at the Atlanta and Orlando international airports, and Defendant contends that agents had no probable cause to believe that Defendant was transporting contraband. (Non-Final Report & Recommendation at 4.) Judge Johnson correctly noted, however, that "warrantless searches at international borders of the United States may be conducted without any suspicion of criminal activity." (
Further, Judge Johnson correctly noted that none of the arguments raised by Defendant in his Supplemental Motion changed that result. (Non-Final Report &Recommendation at 6.) As Judge Johnson pointed out, "it is clear from the exhibits attached to the Government's Response that the Indictment does not rely upon evidence obtained solely from border searches." (
For the reasons discussed above, the Court agrees with Judge Johnson that Defendant's Motion to Suppress Evidence and his Supplemental Motion are due to be denied. The Court consequently adopts the Non-Final Report and Recommendation, overrules Defendant's Objections to the Non-Final Report and Recommendation, and denies Defendant's Motion to Suppress Evidence and Supplemental Motion.
ACCORDINGLY, the Court
IT IS SO ORDERED.