Judge David Sam – Motion to Supress Evidence granted in part, denied in part

2006 U.S. Dist. LEXIS 60634

UNITED STATES OF AMERICA, Plaintiff v. LARRY MCKAY MAXFIELD, Defendant

Case No. 1:04CR149

August 24, 2006

Defendant Larry Maxfield moved to suppress evidence seized from his place of business, his vehicles and his person during a narcotics investigation on September 21, 2004.

In short: “Because the Court finds that the seizure and search of his person and his Camaro automobile were unlawful, evidence seized or which is the fruit of those events, specifically the bindle of methamphetamine found on his person and his confession while in custody pursuant to that seizure are suppressed.

“Although, the Court finds that the warrantless entry of his place of business was unlawful, the evidence seized from his Shop pursuant to a validly issued search warrant was lawfully obtained and need not be suppressed.”

Motion to Supress granted in part, denied in part.

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