"Before the court is a Motion to Suppress filed by Defendant Desmond Travis Jordan, which seeks to suppress all evidence obtained during a traffic stop on February 28, 2019, on the basis that, among other things, the police searched Mr. Jordan’s car without a warrant or probable cause. (ECF No. 22). The court held an evidentiary hearing on Mr. Jordan’s motion on March 3 and 4, 2020 (the “Hearing”), at which it heard testimony from Detective David Allen, the investigating officer, Officer Clinton “CJ” Moore, the K9 handler, and Dr. Mary Cablk, an expert retained by Mr. Jordan. Following the Hearing, the court requested the parties to submit proposed findings of fact and briefing, and set a date for the court to hear oral argument."
I wonder how the evidentiary hearing went for the United States. Here's how the United States thinks it went:
"Rather than submitting briefing and proposed findings, on March 31, 2020, the United States moved for leave to dismiss the Indictment against Mr. Jordan with prejudice due to “inter alia, a lack of prosecutable evidence and for good cause.” . . . Mr. Jordan does not oppose the dismissal."
One might think that would be the end of the matter and the precious drug dogs of Utah would be spared the scrutiny of an Article III Court; the Judge had other ideas:
"Under the Rule 48(a) of the Federal Rules of Criminal Procedure, the United States is required to seek leave of court to dismiss an indictment. Where the United States has proceeded on the merits of the charge and, as in this case, proceeded to oppose a motion to suppress evidence for lack of probable cause, the court has a responsibility to rule on the merits of the motion. Moreover, the development of the law requires that conduct of the officers be assessed to provide guidance in the arena of K9 sniffs."
Looks like the United States was ready to bear the cross before the Court and the Court felt the need to hammer in each nail. Doesn't get any better than that.
Techdirt has not posted any stories submitted by aw4501.
USA tries to scuttle decision-- judge says no:
From the ORDER:
"Before the court is a Motion to Suppress filed by Defendant Desmond Travis Jordan, which seeks to suppress all evidence obtained during a traffic stop on February 28, 2019, on the basis that, among other things, the police searched Mr. Jordan’s car without a warrant or probable cause. (ECF No. 22). The court held an evidentiary hearing on Mr. Jordan’s motion on March 3 and 4, 2020 (the “Hearing”), at which it heard testimony from Detective David Allen, the investigating officer, Officer Clinton “CJ” Moore, the K9 handler, and Dr. Mary Cablk, an expert retained by Mr. Jordan. Following the Hearing, the court requested the parties to submit proposed findings of fact and briefing, and set a date for the court to hear oral argument."
I wonder how the evidentiary hearing went for the United States. Here's how the United States thinks it went:
"Rather than submitting briefing and proposed findings, on March 31, 2020, the United States moved for leave to dismiss the Indictment against Mr. Jordan with prejudice due to “inter alia, a lack of prosecutable evidence and for good cause.” . . . Mr. Jordan does not oppose the dismissal."
One might think that would be the end of the matter and the precious drug dogs of Utah would be spared the scrutiny of an Article III Court; the Judge had other ideas:
"Under the Rule 48(a) of the Federal Rules of Criminal Procedure, the United States is required to seek leave of court to dismiss an indictment. Where the United States has proceeded on the merits of the charge and, as in this case, proceeded to oppose a motion to suppress evidence for lack of probable cause, the court has a responsibility to rule on the merits of the motion. Moreover, the development of the law requires that conduct of the officers be assessed to provide guidance in the arena of K9 sniffs."
Looks like the United States was ready to bear the cross before the Court and the Court felt the need to hammer in each nail. Doesn't get any better than that.
Techdirt has not posted any stories submitted by aw4501.
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