Ortiz

United States v. Ortiz

Good Law
54 F. Supp. 3d 1081·2014 WL 4090153·2014 U.S. Dist. LEXIS 115537
United States District Court, Northern District of CaliforniaAugust 19, 2014No. CR-14-0019 EMCCalifornia6,032 words

Opinion

Lead Opinion

Chen, J.

(Docket No. 12)

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS

Defendant Luis Martin Ortiz has moved the Court to suppress evidence obtained through a search of his person and vehicle conducted on October 21, 2013. Motion to Suppress (“Motion”), Docket No. 12. The Government opposes the Motion. Government’s Response to Defendant’s Motion to Suppress (“Response”), Docket No. 15. On July 30, 2014, the Court held an evi-dentiary hearing to resolve factual disputes as to whether Ortiz consented to the search of his vehicle, and whether reasonable suspicion supported the prolongation of a traffic stop and subsequent frisk of Ortiz. Minute Order, Docket No. 19. The day before the.hearing, the City of Ukiah Police Department (“UPD”), joined by the Government, filed a Motion to Quash a subpoena Ortiz had served on the UPD four days earlier. Docket No. 26. The subpoena requested information from the personnel files of three officers who were present at various times during the searches.

Having considered the parties’ briefs and accompanying submissions, as well as testimony, the witnesses’ demeanor, and *1084 arguments presented at the evidentiary hearing, the Court hereby GRANTS Ortiz’s…

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