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United States v. Adams

United States District Court, E.D. Kentucky

July 9, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ALIYA RAE ADAMS, Defendant

Page 756

For Eric Dawayne Jackson, also known as Fats, also known as E-Fats, Defendant: Stephen D. Milner, LEAD ATTORNEY, Hughes, Lowry, Milner & Hayworth, Lexington, KY.

For Aliya Rae Adams, Defendant: Russell James Baldani, LEAD ATTORNEY, Baldani, Rowland & Richardson, Lexington, KY.

For Robert Earl Jones, Defendant: Patrick F. Nash, LEAD ATTORNEY, Lexington, KY.

For USA, Plaintiff: Gary Todd Bradbury, AUSA, LEAD ATTORNEY, U.S. Attorney's Office, EDKY, Lexington, KY.

OPINION

Page 757

Danny C. Reeves, United States District Judge.

MEMORANDUM ORDER AND OPINION

This matter is pending for consideration of Defendant Aliya Rae Adams's motion to suppress evidence obtained from her residence pursuant to a state search warrant. [Record No. 49] The motion was referred to United States Magistrate Judge Robert E. Wier pursuant to 28 U.S.C. § 636(b)(1)(A). The parties waived an evidentiary hearing. On July 3, 2013, the magistrate judge issued his report, recommending that the defendant's motion be denied. [Record Nos. 53, 54, 73] The defendant filed objections to the Recommended Disposition on July 5 2013. [Record No. 74] After reviewing all matters filed in this action, the Court will deny the defendant's motion to suppress. [1]

I.

The relevant facts are not disputed. On March 14, 2013, Detective Jared Curtsinger of the Lexington Division of Police obtained and executed a search warrant for the person and residence of Robert Earl Jones, a co-defendant in this criminal action. Detective Curtsinger had been investigating Jones for heroin trafficking in Lexington. The previous day, after presenting affidavits in support to Fayette District Judge Joe Bouvier, Detective Cursinger obtained warrants to search Jones's home and his person, as well as for a GPS tracking device to placed on Jones's vehicle. On the date the warrants were executed, Detective Curtsinger recovered an ounce of heroin from Jones's person. Jones immediately cooperated with law enforcement and made inculpatory statements. In relevant part, Jones informed the officers that he had purchased the heroin from Defendant Adams at her residence in the Preakness Apartments on Versailles Road for $3,000.00. That same day, based on this information, along with other corroborating evidence, Detective Curtsinger submitted an application for a warrant to search Defendant Adams's person and residence. [ See Record Nos. 49-3, 58-2.] Judge Bouvier reviewed Detective Curtsinger's affidavit, found that there was probable cause, and issued the requested search warrant.

Law enforcement officers executed the warrant in the late afternoon on March 14. During the search of Adams's residence, officers located and seized various items of drug paraphernalia, heroin, and cutting agents. Adams made incriminating statements to Detective Curtsinger and was subsequently arrested. [2] On June 17, 2013, Adams filed the current motion to suppress,

Page 758

seeking to exclude the evidence obtained as a result of this ...


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