Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Henry

United States District Court, N.D. Georgia, Atlanta Division

January 30, 2013

UNITED STATES OF AMERICA
v.
OTIS HENRY, Defendant

Page 1280

[Copyrighted Material Omitted]

Page 1281

[Copyrighted Material Omitted]

Page 1282

[Copyrighted Material Omitted]

Page 1283

[Copyrighted Material Omitted]

Page 1284

Otis Henry, also known as Wesley Johnson, Defendant, Pro se, Lovejoy, GA.

For Otis Henry, also known as Wesley Johnson, Defendant: Kendal Demetrius Silas, Federal Defender Program Inc.-Atl, Atlanta, GA.

For Nugen Motor Sports, Inc., doing business as Nugen MotorSports, Plaintiff: James Ward Howard, The Howard Law Firm, Tucker, GA.

For USA, Plaintiff: Cassandra Juliet Schansman, Dahil Dueno Goss, Office of United States Attorney, Northern District of Georgia, Atlanta, GA; Jeffrey W. Davis, Libby Skye Davis, Mary F. Kruger, U.S. Attorneys Office - ATL, Atlanta, GA.

OPINION

Page 1285

ALAN J. BAVERMAN, UNITED STATES MAGISTRATE JUDGE.

UNITED STATES MAGISTRATE JUDGE'S ORDER AND NON-FINAL REPORT AND RECOMMENDATION

Defendant Otis Henry seeks to suppress from his trial evidence seized from a residence in Chamblee, Georgia, and a motel room in Tampa, Florida, [Docs. 508, 513 and 521], his post-arrest statements, [Doc. 507], and identification testimony, [Doc. 509, 552, 573]. The Court held an evidentiary hearing, [Doc. 587 (hereinafter " T " ], after which the parties filed briefs. [Docs. 615, 671 (Henry); 629 (Govt.)]. For the reasons that follow, the undersigned RECOMMENDS that the motions to suppress evidence from 1855 8th Street, Chamblee, Georgia, [Docs. 513, 521], and identifications, [Docs. 509, 552, and 573], be DENIED; the motion to suppress statements, [Doc. 507], be GRANTED IN PART AND DENIED IN PART; and the motion to suppress evidence, [Doc. 508], be DENIED IN PART AND HELD IN ABEYANCE IN PART, pending the filing of additional briefs on the voluntariness of Defendant's consent to search Room 125 of the Wingate Inn, as directed below.

I. Motions to suppress evidence from search by warrant of 1855 8th Street, Chamblee, Georgia

Henry seeks to suppress the fruits of a State search warrant executed at this address on October 1, 2010. However, the Court need not reach the merits of his arguments because he did not establish that he had a legitimate expectation of privacy in the premises searched.

To challenge a seizure as violating the Fourth Amendment, a defendant must have " standing," [1]i.e., a legitimate expectation of privacy in the premises. See United States v. Gonzalez, 940 F.2d 1413, 1420 n.8 (11th Cir. 1991). As a result, the Fourth Amendment protects an individual in those places where he can demonstrate a reasonable expectation of privacy against government intrusion. See Katz v. United States, 389 U.S. 347, 353, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Fourth Amendment rights are personal, and only individuals who actually enjoy the reasonable expectation of privacy may challenge the validity of a government search. Rakas v. Illinois, 439 U.S. 128, 133-34, 143, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); United States v. Cooper, 203 F.3d 1279, 1284 (11th Cir. 2000). One's standing to challenge governmental actions on Fourth Amendment grounds is a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.