United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
JANIE S. MAYERON, Magistrate Judge.
The above matter came before the undersigned United States Magistrate Judge on Defendant's Motion to Suppress Statements [Docket No. 20] and Defendant's Motion to Suppress Evidence Obtained in Search [Docket Nos. 19, 26]. David P. Steinkamp, Assistant U.S. Attorney, appeared on behalf of the Government. Jeff DeGree, Esq. appeared on behalf of defendant, who was personally present. This matter has been referred to this Court for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(c).
I. FACTUAL BACKGROUND
Defendant has been indicted on one count of being a Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Defendant has moved to suppress physical evidence obtained in a vehicle search which took place on June 25, 2014, as well as statements made by defendant to Brooklyn Park Detective Suerth on June 26, 2014. [Docket Nos. 19, 20, 26].
A. Hearing Testimony
On December 3, 2014, the Court conducted an evidentiary hearing and took testimony from Officer Sean Michael Drew of the Brooklyn Park Police Department. Officer Drew testified as follows:
On the night of June 25, 2014, Officer Drew and Officer Marah of the Brooklyn Park Police Department were on patrol near an apartment complex located three to five blocks from XXXX Idaho Avenue in Brooklyn Park, Minnesota. The two officers had been informed that several armed robberies had occurred in the area on recent nights.
Prior to his shift on June 25, 2014, Officer Drew had received the following information concerning defendant from various crime intelligence briefings:
Defendant was an active member of the 1-9 Block Dipset gang, which had a violent rivalry with another gang, the Taliban;
Members of the 1-9 Block Dipset gang frequently carried guns in their vehicles;
Defendant was a felon with a prior conviction for robbery;
Defendant lived at XXXX Idaho Avenue North, Brooklyn Park, Minnesota; and
Defendant's brother, Kentrell Einfeldt, had been robbed at gunpoint on June 24, 2014.
Officer Drew testified that he could identify defendant prior to June 25, 2014, based on a photo of defendant that was included in the crime intelligence reports. Officer Drew also stated that the fact that defendant's brother had been robbed at gunpoint the previous night heightened Officer Drew's suspicions concerning defendant. Based on his training, Officer Drew was concerned that there would be ...