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U.S. v. Linderman

United States District Court, D. Minnesota
Jan 22, 2008
Crim. File No. 07-359 (MJD/FLN) (D. Minn. Jan. 22, 2008)

Summary

holding that questioning about arrestee's mental and physical health was not interrogation

Summary of this case from United States v. Vicente

Opinion

Crim. File No. 07-359 (MJD/FLN).

January 22, 2008

Thomas M. Hollenhorst, United States Attorney's Office, Counsel for Plaintiff.

Douglas Olson, Office of the Federal Defender, Counsel for Defendant.


ORDER


The above-entitled matter comes before the Court upon the Report and Recommendation of Magistrate Judge Franklin L. Noel filed December 11, 2007. [Docket No. 30] Defendant Daine Joseph Adam Linderman filed objections to the Report and Recommendation. Linderman did not order a transcript of the hearing before the Magistrate Judge and stipulated that the Court did not need to review a transcript of the hearing in order to resolve his objections.

Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on that review the Court adopts the Report and Recommendation filed December 11, 2007.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that:

1. The Magistrate Judge's Report and Recommendation filed December 11, 2007 [Docket No. 30] is hereby ADOPTED.
2. Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure [Docket No. 21] is DENIED.
3. Defendant'S Motion to Suppress Statements, Admissions and Answers [Docket No. 22] is DENIED.


Summaries of

U.S. v. Linderman

United States District Court, D. Minnesota
Jan 22, 2008
Crim. File No. 07-359 (MJD/FLN) (D. Minn. Jan. 22, 2008)

holding that questioning about arrestee's mental and physical health was not interrogation

Summary of this case from United States v. Vicente

concluding that questions by officer's pertaining to a defendant's "physical and mental health" were not intended to elicit incriminating statements and therefore did not constitute interrogation in violation of Miranda

Summary of this case from United States v. Keever
Case details for

U.S. v. Linderman

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. (1) DAINE JOSEPH ADAM LINDERMAN…

Court:United States District Court, D. Minnesota

Date published: Jan 22, 2008

Citations

Crim. File No. 07-359 (MJD/FLN) (D. Minn. Jan. 22, 2008)

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