United States District Court, D. Minnesota
Jacobs, Assistant United States Attorney, United States
Attorney's Office, Minneapolis, MN, on behalf of
S. Hunter, Esq., Northland Law, Grand Marais, MN, on behalf
MEMORANDUM OPINION AND ORDER
MONTGOMERY U.S. DISTRICT JUDGE
matter is before the undersigned United States District Judge
for consideration of Defendant Chad Robert Boswell's
(“Boswell”) Objection [Docket No. 41] to
Magistrate Judge Leo I. Brisbois' August 29, 2019 Report
and Recommendation (“R&R”) [Docket No. 40].
In the R&R, Judge Brisbois recommends denying
Boswell's Motion to Suppress and Request for Franks
Hearing [Docket No. 24]. Based on a de novo review of the
record, Boswell's Objection is overruled, the R&R is
adopted, and Boswell's Motion is denied.
locate Boswell after he absconded from his state parole,
Detective Nathan Nelson (“Detective Nelson”)
applied for and received a warrant. Indictment [Docket No.
1]; Mem. Supp. Def.'s Mot. to Suppress [Docket No. 25] at
1. The warrant allowed law enforcement to utilize a phone
tracking device to “ping” and establish the
location of a phone which had been linked to Boswell.
Id. On March 6, 2019, Boswell was located and
arrested by law enforcement. A search of his person, and the
car in which he was found, produced a shoulder holster, a
handgun with a loaded magazine, and methamphetamine.
moves to suppress the evidence obtained from the
warrant-based search. He argues the search warrant lacks
probable cause. Boswell thus contends the evidence must be
suppressed as the fruit of an unconstitutional search.
Circumstances of the Search Warrant
March 5, 2019, Detective Nelson of the Crookston Police
Department prepared a Search Warrant Application. [Docket No.
26] at 6. In support of the warrant, Detective Nelson
submitted an Affidavit of Probable Cause, which related to
the issuing court the following information:
On March 04, 2019 Affiant received information from Tri
County Probation Agent Dale Arnold regarding Chad Robert
Boswell (whose date of birth is [redacted] 1974.) Probation
Agent Arnold stated some of the following:
-Chad Boswell is on warrant status for absconding from parole
for felony harassment/stalking -Chad's last reported
address was 903 Barrette Street Apartment #1, Crookston, MN
-Chad is/was dating a girl named Jessica ...