United States v. Hammond

ORDER RE MOTIONS TO SUPPRESS AND DISMISS

JAMES DONATO, United States District Judge

This case raises the question of whether evidence obtained under a search warrant issued in excess of a magistrate judge’s authority should be suppressed. Under controlling Ninth Circuit authority, the answer is no. This case also raises the question of whether the defendant should have been advised of his Miranda rights before making incriminating statements to law enforcement officers during an interrogation at dawn in his home. This evidence must be suppressed.

BACKGROUND

The background facts are largely…