Summary
rejecting idea that officers have to eliminate the possibility of an affirmative defense before finding reasonable suspicion of criminal activity
Summary of this case from United States v. SykesOpinion
CASE NO. 15-20070-GRAHAM
04-30-2015
UNITED STATES OF AMERICA Plaintiff, v. CHRISTOPHER JERMAIN SPANN, Defendant.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
THIS CAUSE came before the Court upon the Defendant's Motion to Suppress Physical Evidence, (D.E. 18).
THE MATTER was referred to Magistrate Judge Andrea M. Simonton United States Magistrate Judge on March 16, 2015. A Report and Recommendation filed on April 21, 2015 recommending that Defendant's Motion to Suppress Evidence be DENIED. The Defendant and the Government were afforded the opportunity to file objections to the Report and Recommendation. The Court conducted an independent review of the record and Defendant's objections. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Report and Recommendation of United States Magistrate Judge Andrea M. Simonton, is hereby Adopted and Approved in its entirety.
DONE AND ORDERED in Chambers at Miami, Florida, this 30th day of April, 2015.
/s/_________
DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
Copied: Magistrate Judge Simonton
Stewart G. Abrams, AFPD
Kevin Quencer, AUSA