U.S. v. Morelos-Ayala

Full title: UNITED STATES OF AMERICA v. ELIGIO MORELOS-AYALA

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Mar 22, 2011

CRIMINAL ACTION NO. 2:10cr204-MHT (WO) (M.D. Ala. Mar. 22, 2011)

Opinion

CRIMINAL ACTION NO. 2:10cr204-MHT (WO).

March 22, 2011

ORDER

MYRON THOMPSON, District Judge

Upon consideration of the recommendation of the United States Magistrate Judge (Doc. No. 43) and the objections filed by the defendant Eligio Morelos-Ayala (Doc. No. 48); and after an independent and de novo review of the record, including the transcript of the hearing before the magistrate judge, it is the ORDER, JUDGMENT, and DECREE of the court as follows:

(1) Defendant Eligio Morelos-Ayala's objections (Doc. No. 48) are overruled.

(2) The recommendation of the United States Magistrate Judge (Doc. No. 43) is adopted.

(3) Defendant Morelos-Ayala's motion to suppress (Doc. No. 30) is denied. See United States v. Geboyan, 367 Fed.Appx. 99, 101-02 (11th Cir. 2010) (finding that a traffic stop had ended and the exchange between the officer and the defendant had become a consensual encounter where the defendant sat in the front seat of the patrol car during the traffic stop, the doors were unlocked, she had not been restrained and was "free to leave the vehicle," and her paperwork was returned to her before any consent to search was sought).