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United States v. Linaman

United States District Court, N.D. Iowa, Western Division

May 22, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SAMANTHA LINAMAN, Defendant.

          OPINION AND ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS

          MARK W. BENNETT, U.S. DISTRICT COURT JUDGE

         TABLE OF CONTENTS

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

         A. Procedural Background ............................................................................... 1

         B. Factual Background ..................................................................................... 3

         II. LEGAL ANALYSIS ................................................................................................. 8

         A. Standards of Review ..................................................................................... 8

         B. Discussion ..................................................................................................... 9

         III. CONCLUSION ...................................................................................................... 10

         I. INTRODUCTION

         A. Procedural Background

         The fighting issue, here, is whether a lawful traffic stop was extended beyond the time necessary to conduct a license check such that the use of a narcotics-detection dog to sniff around the exterior of the vehicle was a cognizable infringement of the defendant's Fourth Amendment rights. Presently, this case is before me on United States Magistrate Judge Kelly K.E. Mahoney's Report And Recommendation on defendant Samantha Linaman's Motion to Suppress (docket no. 46). In her Report and Recommendation, Judge Mahoney recommends granting Linaman's motion and suppressing all evidence seized during the traffic stop search of a car in which Linaman was a passenger. Neither party has filed timely objections to Judge Mahoney's Report and Recommendation. I, therefore, undertake the necessary review of Judge Mahoney's Report and Recommendation.

         On December 13, 2016, an Indictment was returned charging Linaman with conspiracy to distribute 50 grams or more of a methamphetamine mixture which contained 5 grams or more of pure methamphetamine (Count 1), in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846, and possessing with the intent to distribute a methamphetamine mixture which contained 5 grams or more of pure methamphetamine (Count 2), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).

         Linaman subsequently filed a Motion to Suppress (docket no. 39) in which she sought to suppress all evidence obtained as a result of the traffic stop search of a car in which she was a passenger. Linaman contends that prolonging the traffic stop for a dog sniff constituted an unlawful seizure under the Fourth Amendment. Linaman also argues that her ...


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