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United States v. Matthews

United States District Court, D. Minnesota

April 22, 2019

United States of America, Plaintiff,
v.
Michael Matthews, Defendant.

          REPORT AND RECOMMENDATION

          HILDY BOWBEER, UNITED STATES MAGISTRATE JUDGE

         This matter came before the undersigned United States Magistrate Judge for a pretrial motions hearing on March 4, 2019. The case has been referred to this Court for resolution of pretrial matters pursuant to 28 U.S.C. § 636 and District of Minnesota Local Rule 72.1. In this Report and Recommendation, the Court will address Defendant Michael Matthews' Motion for Suppression of Evidence Obtained as a Result of Search and Seizure [Doc. No. 25].

         I. Procedural Background

         On January 16, 2019, a grand jury indicted Michael Matthews with one count of Felon in Possession of a Firearm - Armed Career Criminal, in violation of 18 U.S.C. § 922(g)(1) and § 924(e)(1). (Indictment [Doc. No. 13].) On March 4, 2019, this Court held an evidentiary hearing on Matthews' pretrial motions. The Government introduced the following exhibits:

Exhibit 1: Google map of 25xx Fremont Avenue North and neighborhood;
Exhibit 2: Photograph of apartment building at 25xx Fremont Avenue North;
Exhibit 3: Photograph of Cadillac; and
Exhibit 5[1]: Search warrant, affidavit, and return.

         The Government called two witnesses from the Hennepin County Sheriff's Department: Deputy Darrin Zastera and Deputy Kelly Howe. These witnesses testified about the stop and search of Matthews and his vehicle on January 3, 2019.

         Matthews filed a post-hearing memorandum of law in support of his motion to suppress on March 27, 2019 [Doc. No. 40]. The Government filed a memorandum of law in opposition on April 4, 2019 [Doc. No. 41]. The Court took the motion to suppress under advisement on April 4, 2019.

         II. Factual Background

         On December 28, 2018, a state search warrant was issued for the following described premises and motor vehicles:

25[xx] Fremont Ave N. Apt #3, all storage units directly associated with Apt. #3, any attached or detached garages directly associated with Apt. #3, any person found inside the apartment at the time the warrant is executed and any vehicle parked on or near 25[xx] Fremont Ave N that is register[ed] to Michael NMN Matthews . . . identified as a 2007 Cadillac DTS MN 681UAT . . . .

(Gov't Ex. 5) (emphasis added). The warrant authorized a search for controlled substances and related items, ...


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