United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
BOWBEER, UNITED STATES MAGISTRATE JUDGE
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. Â§ 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].
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
Exhibit 1: Google map of 25xx Fremont Avenue North and
Exhibit 2: Photograph of apartment building at 25xx Fremont
Exhibit 3: Photograph of Cadillac; and
Exhibit 5: Search warrant, affidavit, and return.
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.
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.
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, ...