The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge
This matter having come before the Court on the motion of the United States of America, to admit into evidence two fingerprint cards and the related expert testimony of a police officer who was present at the time the fingerprints were taken and who observed the fingerprinting process, and to introduce a post-arrest statement made by the Defendant, Shaabri Taylor, a/k/a "Eric Johnson," to an agent of the Bureau of Alcohol, Tobacco, and Firearms in its case-in-chief; and,
Richard Coughlin, Esq., Federal Public Defender, Lisa C. Evans, Esq., Assistant Federal Public Defender, appearing on behalf of Defendant, Shaabri Taylor, and Faith S. Hochberg, Esq., United States Attorney, Kevin T. Smith, Esq., Assistant United States Attorney, appearing on behalf of the United States of America; and,
The Court having considered the submissions of the parties and the oral argument of counsel, for the reasons set forth in the OPINION filed concurrently with this ORDER;
IT IS, on this 28th day of October, 1999, hereby ORDERED that the motion of the United States of America, to admit into evidence the fingerprint cards and related expert testimony, is DENIED; and
IT IS FURTHER ORDERED that the Government shall be precluded from introducing the Defendant's post-arrest statement to the ATF agent in its case-in-chief.