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United States v. Beverly

United States District Court, Sixth Circuit

May 21, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHOMARI BEVERLY, Defendant.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, District Judge.

Defendant, Shomari Beverly, has moved to suppress evidence obtained in a warrantless stop and search by Louisville police. The matter was referred to the Magistrate Judge who produced Findings of Fact, Conclusions of Law and a Recommendation. He concluded that the stop was lawful; that Defendant consented to the search; and that the motion to suppress should be denied.

Defendant has objected to the Magistrate Judge's report on the grounds that he ignored crucial facts and misapplied applicable law. However, the Court agrees with the Magistrate Judge that the initial stop was reasonable based upon the reliable tip and the officer's actual inspection of the package prior to Defendant taking possession. The Magistrate Judge also concluded that the subsequent pat-down search followed Defendant's consent. The Court finds no factual basis for disputing this conclusion, other than to simply disbelieve Detective Hodges. However, the Court believes that the Magistrate Judge's determination of credibility is entitled to substantial deference under these circumstances.

Being otherwise sufficiently advised,

IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge and the motion to suppress is DENIED.


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