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United States v. Himes

United States District Court, Eighth Circuit

December 30, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
STEVEN HIMES, Defendant.

REPORT AND RECOMMENDATION ON DEFENDANT’S MOTION TO SUPPRESS

LEONARD T. STRAND, UNITED STATES MAGISTRATE JUDGE.

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................... 2

II. SUMMARY OF EVIDENCE ............................................................. 3

III. DISCUSSION ................................................................................ 6

A. Did the Impoundment and Inventory Violate the Fourth Amendment?...................................... 6
1. Applicable Standards ...................................................... 6
2. Analysis .................................................................... 10
a. Community Caretaking or Public Safety .................... 10
b. Standardized Criteria ............................................ 12
B. Should Subsequently-Gathered Evidence be Suppressed? ................ 15

IV. CONCLUSION ............................................................................ 16

I. INTRODUCTION

Defendant Steven Himes is charged by indictment (Doc. No. 1) with (a) possession of explosives by a felon and (b) possession of ammunition by a felon. He has filed a motion (Doc. No. 18) to suppress evidence obtained as a result of a traffic stop and subsequent impoundment and inventory search of his vehicle on December 15, 2012. Plaintiff (the Government) has resisted the motion (Doc. No. 21). The Trial Management Order (Doc. No. 8) assigns motions to suppress to me to conduct any necessary evidentiary hearings and to prepare reports on, and recommended dispositions of, those motions.

I held an evidentiary hearing on December 16, 2013. Assistant United States Attorney Jamie Bowers appeared on behalf of the Government. Himes appeared personally and with his attorney, Joshua Weir. The Government called Officer Bo Miller with the Algona Police Department and Deputy Jacob Radmaker with the Kossuth County Sheriff’s Office. The Government also introduced the following exhibits, all of which were admitted into evidence without objection.

Government Exhibit 1:
Photocopies of two citations issued to Himes for failure to provide proof of insurance and operating without registration and two state criminal complaints against Himes for possession of stolen property and possession of burglar’s tools
Government Exhibit 2:
Photocopy of Iowa Code § 321.98
Government Exhibit 3:
Photocopy of Iowa Code § 321.20B
Government Exhibit 4:
Photocopies of the Vehicle Impound Record and the Inventory of Seized Property
Government Exhibit 5:
Algona Police Department ...

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