United States District Court, D. Minnesota
K. Bell, for Plaintiff
L. Gerdts, Esq., Daniel L. Gerdts Lawyer, for Defendant
REPORT AND RECOMMENDATION
T. SCHULTZ, UNITED STATES MAGISTRATE JUDGE.
Tony Lendell Reed (“Reed”) was indicted on
January 23, 2018 on four counts of Interference with Commerce
by Robbery [Docket No. 10]. Reed moves to suppress a
potential in-court identification, suppress statements made
the evening of his arrest and suppress evidence obtained from
warrants for his cell phone location data.
in June 2017, the FBI began investigating a spate of business
robberies in the Twin Cities metropolitan area. Search and
Seizure Warrant ¶ 5, Govt. Ex. 3. In October 2017, DNA
taken from zip ties used to subdue a robbery victim matched
Orlando Harris, later identified in court documents as
“OH.” Id. ¶ 8. OH was arrested and
charged with two of the robberies. Id. OH admitted
his involvement but implicated Reed as the robberies'
mastermind. Cell Location App. 934, Govt. Ex. 7. OH
identified Reed in a photo lineup and his description matched
that provided by a robbery victim. Id. OH provided a
phone No. for Reed and a description of his vehicle.
Id. Investigators confirmed OH had previously called
that cell number; that Reed had previously been stopped by
police in the identified vehicle; and that Reed had a
criminal history, including a burglary conviction.
Id. Independently, investigators had already
developed Reed as a suspect. Search and Seizure Warrant
¶ 9, Govt. Ex. 3.
sought and obtained warrants for historical GPS and cell
phone location data for the phone No. OH represented as
Reed's. Govt. Exs. 5-8. That data indicated Reed's
purported phone was located near each of the robberies at the
time of their execution. Search and Seizure Warrant ¶
11, Govt. Ex. 3. The FBI later sought and received a search
warrant for Reed's Memphis, Tennessee home to obtain,
among other items, Reed's cell phone, arguing there was
probable cause to believe it contained evidence of a crime.
Search and Seizure Warrant ¶ 23, Govt. Ex. 3. The FBI
also sought and received a warrant to search Reed's
purported vehicle, likewise arguing there was probable cause
to believe it contained evidence of a crime. Search and
Seizure Warrant ¶ 30, Govt. Ex. 4.
January 4, 2018, the search warrants for Reed's home and
vehicle were executed and Reed was arrested. Interview Audio,
Govt. Ex. 1. Reed was questioned by an FBI agent for over
eight minutes before he was read his Miranda rights.
Id. Reed then signed an Advice of Rights, and his
interrogation continued for nearly 40 minutes. Id.;
Advice of Rights, Govt. Ex. 2. The entire interview was
recorded. Interview Audio, Govt. Ex. 1.
moves to suppress the potential in-court identification of
Reed by OH, the warrants for Reed's GPS and cell location
data and the questioning of Reed prior to being read his
rights. Docket Nos. 29-31. A hearing on these motions was
held on March 21, 2018. Minutes, Docket No. 36.
Motion to Suppress Identification Evidence [Docket No.
moves to suppress potential future in-court identification of
him by OH. [Docket No. 29]. At the March 21, 2018 motion
hearing, the parties agreed that the motion should be
reserved for the trial judge at the time of trial. Hearing
Audio 10:46:27-10:50:13, 10:57:57-10:58:44. Accordingly, the
Court does not address this motion on its merits.
Motion to Suppress Search and Seizure ...