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United States v. McCammon

United States District Court, Eighth Circuit

January 23, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID MCCAMMON, Defendant.

REPORT AND RECOMMENDATION ON MOTION TO SUPPRESS

LEONARD T. STRAND, UNITED STATES MAGISTRATE JUDGE

I. INTRODUCTION

Defendant David McCammon is charged by indictment (Doc. No. 1) with (a) conspiracy to distribute methamphetamine, (b) possession with intent to distribute methamphetamine, (c) possession of a firearm in furtherance of a drug trafficking crime, (d) prohibited person in possession of a firearm and (e) possession of a firearm with an obliterated serial number. He has filed a motion (Doc. No. 10) to suppress evidence obtained from a post-Miranda interview on September 28, 2013, and a subsequent search of his residence. Plaintiff (the Government) has filed a resistance (Doc. No. 20). Judge O’Brien has referred the motion to me for the preparation of a report and recommended disposition.

I held an evidentiary hearing on January 17, 2014. Assistant United States Attorney Forde Fairchild appeared on behalf of the Government. McCammon appeared personally and with his attorney, Assistant Federal Public Defender Bradley Hansen. The Government offered the testimony of Officers Michael Koehler, Jeffrey Harstad and Joshua Tyler of the Sioux City Police Department. McCammon presented no testimony. The following sealed exhibits were admitted into evidence without objection:

Government’s Exhibit 1: Criminal History Report for David McCammon
Government’s Exhibit 2: Booking photo of David McCammon’s torso showing tattoos
Government’s Exhibit 3: Implied Consent Advisory Form
Government’s Exhibit 4: Implied Consent Form containing David McCammon’s signature indicating consent to chemical testing
Government’s Exhibits 5-1 through 5-4: Photos of David McCammon’s torso from front and back showing tattoos
Defendant’s Exhibit A: Sioux City Police Department Offense Report
Defendant’s Exhibit B: Dash camera video from Officer Michael R. Koehler
Defendant’s Exhibit C: Audio of post-Miranda interview conducted by Task Force Officer Joshua J. Tyler
Defendant’s Exhibit D: Report of Investigation by Task Force Officer Joshua J. Tyler
Defendant’s Exhibit E: Toxicology Report
Defendant’s Exhibit F: Affidavit and Application for Issuance ...

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