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United States v. Reed

United States District Court, D. Minnesota

April 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TONY LENDELL REED, Defendant.

          LeeAnn K. Bell, for Plaintiff

          Daniel L. Gerdts, Esq., Daniel L. Gerdts Lawyer, for Defendant

          REPORT AND RECOMMENDATION

          DAVID T. SCHULTZ, UNITED STATES MAGISTRATE JUDGE.

         INTRODUCTION[1]

         Defendant 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.

         FINDINGS OF FACT

         Beginning 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.

         Investigators 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.

         On 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.

         Reed 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.

         CONCLUSIONS OF LAW

         I. Motion to Suppress Identification Evidence [Docket No. 29]

         Reed 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.

         II. Motion to Suppress Search and Seizure ...


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