Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Boswell

United States District Court, D. Minnesota

October 9, 2019

United States of America, Plaintiff,
v.
Chad Robert Boswell, Defendant.

          Harry Jacobs, Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, on behalf of Plaintiff.

          Craig S. Hunter, Esq., Northland Law, Grand Marais, MN, on behalf of Defendant.

          MEMORANDUM OPINION AND ORDER

          ANN D. MONTGOMERY U.S. DISTRICT JUDGE

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         A. Arrest

         To 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. Id.

         Boswell 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.

         B. Circumstances of the Search Warrant

         On 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.