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United States of America v. Joseph Schmidt

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


August 24, 2012

UNITED STATES OF AMERICA, PLAINTIFF
v.
JOSEPH SCHMIDT DEFENDANT

The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION and ORDER

This case was referred by order of the undersigned, entered February 13, 2012*fn1 to Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). On March 30, 2012, Defendant filed an omnibus motion, ECF No. 11, 12, seeking inter alia suppression of evidence seized pursuant to five separate search warrants as follows: an Forward Looking Infrared Equipment ["FLIR"] search warrant for 598 Culver Road; and FLIR search warrant for 48 Crystal Valley Overlook; a subsequent warrant 598 Culver Road; a subsequent search warrant for 48 Crystal Valley Overlook; and a search warrant for Defendant's Blackberry cellular telephone. On July 9, 2012, Magistrate Judge Feldman filed a Report and Recommendation ("R&R"), ECF No. 19, recommending that the defendant's motion to suppress evidence relating to each of the search warrants at issue be denied. Defendant timely filed objections to the R & R on August 3, 2012, ECF No. 21, arguing that "the Court reject the Magistrate Judge's R & R and suppress the tangible evidence on the ground that the Search Warrant Applications were so lacking in indicia of probable cause as to render belief in its existence entirely unreasonable , thereby barring application of the good faith exception to the exclusionary rule." Objections to Magistrate Judge's R&R of July 9, 2012, p.1.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the R & R to which objections have been made. Upon a de novo review of the R & R, including a review of the search warrants and applications at issue, Court accepts the proposed findings and recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Feldman's R & R, ECF No. 19, defendant's applications, ECF No. 11,12, to suppress evidence relating to the five search warrants as detailed above are denied.

IT IS SO ORDERED.

ENTER:

Charles J. Siragusa


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