Hector

ORDER GRANTING MOTION TO SUPPRESS EVIDENCE

This matter is before the Court on the defendant’s second motion for reconsideration of order denying motion to suppress evidence. After reviewing the papers submitted by the parties and hearing oral argument, the Court grants the defendant’s motion and orders the contested evidence suppressed.

I. Background

On July 9, 2004, Albert Lamont Hector (“the defendant”) was charged in an indictment for possession with intent to distribute cocaine base ( 21 U.S.C. § 846 ), possession of a firearm in furtherance of drug trafficking ( 18 U.S.C. § 924 (c)), and being a felon in possession of a firearm and ammunition ( 18 U.S.C. § 922 (g)(1)).

On September 27, 2004, the defendant filed a motion to suppress the evidence obtained on June 2, 2004, when agents from the Bureau of Alcohol, Tobacco and Firearms (“ATF”) and officers from the Los Angeles Police Department (“LAPD”) arrested the defendant and searched his apartment. During the search, the defendant was presented with a “Search Warrant Notice of Service” (“Notice of Service”). The Notice of Service did not indicate which items the officers and agents were authorized to seize, or state the…