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United States v. Smith

June 25, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DONTAE PAUL SMITH, DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

(PHILLIPS/GUYTON)

MEMORANDUM AND ORDER

All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. Pending before the Court is the defendant's Motion To Suppress Evidence [Doc. 14]. The Court has conducted an evidentiary hearing, and the parties have filed post-hearing briefs [Docs. 25, 26 and 27]. The Court, however, finds that oral argument, as well as possible supplementation of the evidence in the record is needed. Accordingly, the Court will schedule oral argument, and the Court will give the parties leave, if they choose to do so, to make any additional filing on or before July 14, 2008. The Court requests that the parties be prepared to address the following matters:

1. Did the police officers have the right to approach the defendant and obtain his identity without implicating the Fourth Amendment (see, United States v. Jackson, 2006 WL 1474026, at page 3);

2. What was the specific sequence of the following, alleged events in the present case:

(a) Questioning of defendant regarding shots fired;

(b) Seizure of defendant;

(c) Questioning of defendant regarding his identity and obtaining his identity;

(d) Search of blue car and recovery of ammunition;

(e) Discovery of outstanding arrest warrant on defendant;

(f) Placement of defendant under arrest;

(g) Search of blue car and recovery of guns; and

(h) Statements by defendant regarding ammunition and guns.

3. What specific facts in the record constitute reasonable, objective suspicion that the defendant may have been connected with criminal activity to justify ...


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