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United States of America v. Cullen Darby

March 14, 2011

UNITED STATES OF AMERICA PLAINTIFF,
v.
CULLEN DARBY
DEFENDANT.



The opinion of the court was delivered by: Hon. Dennis M. Cavanaugh

NOT FOR PUBLICATION

ORDER

DENNIS M. CAVANAUGH, U.S.D.J.:

This matter comes before the Court upon pre-trial motionsby Cullen Darby ("Defendant"). After carefully considering the submissions of all parties, and based on the Court's Opinion filed this day, it is the decision of this Court that Defendants' motions pertaining to the suppression of evidence are denied, and the Court reserves judgment on Defendant's motions as to Plaintiff's discovery and disclosure obligations on the assumption that the Government will fully comply with its obligations. The Court also reserves judgment concerning the suppression of statements made by Defendant after his arrest pending clarification from the Government as to whether Defendant was properly advised of his Miranda rights.

ORDERED

Defendant's motion to suppress evidence obtained from two searches, one pursuant to a domestic violence search warrant on February 27, 2009, and the other pursuant to a federal search warrant on May 21, 2009is denied.

Dennis M. Cavanaugh, U.S.D.J.

Original: Clerk cc: All Counsel of Record

File

20110314

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