TRAVIS R. McDONOUGH, District Judge.
Defendant filed a motion to suppress all evidence obtained pursuant to an inventory search of the vehicle he was driving at the time of his arrest. (Doc. 19.) United States Magistrate Judge Christopher H. Steger held a hearing and filed a report and recommendation, recommending that the Court deny the motion to suppress. (Doc. 33.) Defendant timely objected (Doc. 42), and the Government responded (Doc. 43). For the reasons set forth below, the Court will
This Court must conduct a de novo review of those portions of the report and recommendation to which objections are made. 28 U.S.C. § 636(b)(1)(C). De novo review does not, however, require the district court to rehear witnesses whose testimony has been evaluated by the magistrate judge. See United States v. Raddatz, 447 U.S. 667, 675-76 (1980). The magistrate judge, as the factfinder, has the opportunity to observe and to hear the witnesses and to assess their demeanor, putting him in the best position to determine credibility. Moss v. Hofbauer, 286 F.3d 851, 868 (6th Cir. 2002); United States v. Hill, 195 F.3d 258, 264-65 (6th Cir. 1999). A magistrate judge's assessment of witnesses' testimony is, therefore, entitled to deference. United States v. Irorere, 69 F. App'x 231, 236 (6th Cir. 2003); see also United States v. Navarro-Camacho, 186 F.3d 701, 705 (6th Cir. 1999).
Although the Court is required to engage in a de novo review of specific objections, if the objections merely restate the arguments asserted in Defendant's earlier motion, which were addressed by the magistrate judge's report and recommendation, the Court may deem those objections waived. See VanDiver v. Martin, 304 F.Supp.2d 934, 937 (E.D. Mich. 2004). "A general objection, or one that merely restates the arguments previously presented is not sufficient to alert the court to alleged errors on the part of the magistrate judge. An `objection' that does nothing more than state a disagreement with a magistrate's suggested resolution, or simply summarizes what has been presented before, is not an `objection' as that term is used in this context." Id.
On March 27, 2018, a grand jury returned a three-count indictment charging Defendant with: (1) possession with intent to distribute fifty grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B); (2) possession of a firearm in furtherance of a drug-trafficking crime in violation of Title 18, United States Code, Section 924(c)(1)(A)(i); and (3) being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(1). (Doc. 1.) On July 18, 2018, Defendant filed a motion to suppress all evidence obtained pursuant to an inventory search of the vehicle he was driving at the time of his arrest. (Doc. 19.) Defendant argued that the officer acted unreasonably in deciding to impound the vehicle and that the ensuing inventory search was a pretext for a warrantless investigative search. (See id. at 2-6.)
On September 5, 2018, Magistrate Judge Steger held an evidentiary hearing on Defendant's motion to suppress. (See Doc. 30.) At the evidentiary hearing, Magistrate Judge Steger heard testimony from Tennessee Highway Patrol Trooper Adam Malone. (See Doc. 31.) Additionally, the following exhibits were entered into evidence: (1) a Tennessee Department of Safety policy; (2) a towing report; (3) a property-release form; (4) an audio recording of the state-court proceedings; and (5) an audio recording of the dashboard camera from Trooper Malone's vehicle. (See id.)
Defendant did not object to the basic facts outlined in Magistrate Judge Steger's report and recommendation, but he did object to the findings and legal conclusions related to those facts. (See Doc. 42.) After reviewing the record before the Court and finding the facts to be consistent with Magistrate Judge Steger's report and recommendation, the Court
Defendant argues in his objections that the inventory search at issue was pretextual, and, therefore, unconstitutional. Specifically, Defendant argues that, because Trooper Malone "specifically stated he would simply perform an inventory search if not given permission to search, after asking for permission numerous times," he "all but admit[ted] to a pretextual search."
After obtaining lawful custody of a vehicle, officers may conduct a warrantless inventory search. United States v. Lumpkin, 159 F.3d 983, 987 (6th Cir. 1998). Inventory searches "serve to protect an owner's property while it is in the custody of the police, to insure against claims of lost, stolen, or vandalized property, and to guard the police from danger." Id. (quoting Colorado v. Bertine, 479 U.S. 367, 372 (1987)). "In order to be deemed valid, an inventory search may not be undertaken for purposes of investigation, and it must be conducted according to standard police procedures." United States v. Smith, 510 F.3d 641, 651 (6th Cir. 2007) (citation and internal quotation marks omitted). But the "mere fact that an officer suspects that contraband may be found in a vehicle does not invalidate an otherwise proper inventory search." Id. In other words, the Fourth Amendment "permits impoundment decisions and inventory searches that are objectively justifiable . . . regardless of an officer's subjective intent." United States v. Kimes, 246 F.3d 800, 805 (6th Cir. 2001).
Magistrate Judge Steger addressed Defendant's objection in his report and recommendation. Specifically, Magistrate Judge Steger found that: (1) Tennessee Highway Patrol's policy on impoundment and inventory searches dictates that troopers, upon custodial arrest, conduct inventory searches of the arrested person's vehicle before towing (Doc. 33, at 3); (2) "Trooper Malone testified that it was his practice never to leave an unattended vehicle parked on the shoulder of the road following an arrest[,] that he was unaware of any offer that a third person might be available to retrieve the vehicle[,] and that he would not have been willing to wait at the scene for someone else to arrive to retrieve the vehicle" (id. at 5); (3) Trooper Malone's decision to impound the vehicle and have it towed was consistent with Tennessee Highway Patrol policy (id.); and (4) despite Trooper Malone's admission that he repeatedly asked Defendant for consent to search the vehicle, any suspicion of contraband did "not negate the legality of his decision to impound and perform an inventory search on the vehicle" (id. at 6).
The Court agrees with Magistrate Judge Steger's application of the law and finds no reason to disturb his well-reasoned conclusion in this case. There has been no evidence introduced that Trooper Malone failed to follow standard police procedure in conducting an inventory search and, as illustrated by the above case law, any subjective motive on the part of Trooper Malone does not invalidate his otherwise "objectively justifiable" inventory search. Kimes, 246 F.3d at 805. Accordingly, Defendant's objection (Doc. 42) will be
For the reasons stated herein, Defendant's objection to the report and recommendation (Doc. 42) is
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