Lundin

United States v. Lundin

Good Law

47 F. Supp. 3d 1003·2014 WL 2918102·2014 U.S. Dist. LEXIS 88058

United States District Court, Northern District of CaliforniaJune 26, 2014Case No. 13-cr-00402-JST-1California11,854 words

Opinion

Lead Opinion

Tigar, J.

Re: ECF No.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS

I. INTRODUCTION

Defendant Eric Eugene Lundin (“Defendant” or “Lundin”) is charged with a single *1007 count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). ECF No. 1. Lundin now moves to suppress evidence and statements obtained by officers of the Humboldt County Sheriffs Office (“HCSO”) and the Areata Police Department (“APD”) on April 23 and 24, 2013. Defendant’s Motion to Suppress; Request for Evidentiary Hearing (“Motion”), ECF No. 28. The matter came for hearing May 30, 2014.

II. BACKGROUND

A. Factual Background

1. Alleged April 22 Kidnapping and Assault

In response to a report of a kidnapping victim being treated in a hospital’s emergency room in Areata, California, HCSO Deputy Scott Aponte arrived at the hospital at approximately 12:30 a.m. on April 23, 2013 and interviewed Susan Hinds, the reported kidnapping victim. Declaration of Humboldt County Sheriffs Deputy Scott Aponte (“Aponte Deck”) ¶3 (ECF No. 32-2); Exh. A to Declaration of Frederick W. Anderson (“Anderson Deck”), at C0002 (ECF No. 30-1). According to Hinds, as relayed to Aponte,…

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