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United States v. Crane

United States District Court, Northern District of Iowa, Cedar Rapids Division

January 26, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DONALD RICHARD CRANE, Defendant.

ORDER

Linda R. Reade, CHIEF JUDGE.

TABLE OF CONTENTS

I. INTRODUCTION. . .....................................1

II. RELEVANT PROCEDURAL BACKGROUND.. ...................2

III. STANDARD OF REVIEW.. ................................2

IV. RELEVANT FACTUAL BACKGROUND ........................3

V. ANALYSIS ............................................5

A. Search of Defendant’s Vehicle.. ........................... 5

1. Inventory search.. .............................. 5

2. Search incident to arrest. . ........................ 7

B. Defendant’s Statements. . ............................... 8

1. Statements to jailer .............................. 8

2. Statements to Deputy Van Bennekom ................... 9

VI. CONCLUSION. . ...................................... 11

I. INTRODUCTION

The matter before the court is Defendant Donald Richard Crane’s Objections (docket no. 43) to United States Chief Magistrate Judge Jon S. Scoles’s Report and Recommendation (docket no. 41), which recommends that the court deny Defendant’s Motion to Suppress (“Motion”) (docket no. 26).

II. RELEVANT PROCEDURAL BACKGROUND

On October 30, 2014, the grand jury returned an Indictment (docket no. 2) charging Defendant with knowingly possessing a firearm after having been convicted of a crime punishable by imprisonment for a term of more than one year in violation of 18 U.S.C. § 922(g)(1). On December 3, 2014, Defendant filed the Motion. On December 12, 2014, the government filed a Resistance (docket no. 33). On December 16, 2014, Judge Scoles held a hearing on the Motion. See December 16, 2014 Minute Entry (docket no. 34). Defendant appeared in court with his attorney Mark Meyer. Special Assistant United States Attorney Ravi Narayan represented the government. On December 31, 2014, Judge Scoles issued his Report and Recommendation, which recommends that the court deny the Motion. On January 14, 2015, ...


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