United States District Court, District of Minnesota
April 16, 2015
UNITED STATES OF AMERICA, Plaintiff,
MARVIN ORLANDO JOHNSON, Defendant.
Thomas Calhoun-Lopez, UNITED STATES ATTORNEY’S OFFICE, for plaintiff.
Douglas Olson, OFFICE OF THE FEDERAL DEFENDER, for defendant.
Patrick J. Schiltz United States District Judge
This matter is before the Court on defendant’s objection to the March 13, 2015, Report and Recommendation (“R&R”) of Magistrate Judge Franklin L. Noel.Judge Noel recommends denying defendant’s motions to suppress eyewitness identifications, to suppress evidence, and to suppress custodial statements. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Crim. P. 59(b). Based on that review, the Court adopts the R&R. The Court notes only that, although the R&R concluded that the supporting affidavits established probable cause that “evidence related to the Walgreens robbery would be found, ” ECF No. 38 at 8, in fact the supporting affidavits established probable cause to believe that evidence related to multiple prior robberies would be found. Moreover, the Court agrees with the R&R that even if the supporting affidavits did not establish probable cause, the Leon good- faith exception would clearly apply. See United States v. Leon, 468 U.S. 897, 922 (1984).
Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES defendant’s objection [ECF No. 40] and ADOPTS the March 13, 2015 R&R [ECF No. 38]. IT IS HEREBY ORDERED THAT:
1. Defendant’s motion to suppress eyewitness identifications [ECF No. 24] is DENIED.
2. Defendant’s motion to suppress evidence [ECF No. 25] is DENIED.
3. Defendant’s motion to suppress custodial statements [ECF No. 26] is DENIED.