Garcia

Re: ECF No.

ORDER DENYING MOTION TO SUPPRESS

I. INTRODUCTION

Defendant Heri Garcia (“Defendant” or “Garcia”) has “move[d] for an order suppressing all fruits of the warrantless search of an automobile and cell phone, and the seizure of his person, all of which occurred on 20 August 2011, suppressing all statements made by any person during the course of that search or during the course of any interrogation or interview by law enforcement personnel, and suppressing the results of any DNA testing that followed the search and seizure.” Motion to Suppress (“Mot.”), ECF No. 29. The matter came for hearing on Wednesday, August 20.

II. BACKGROUND

A. Procedural History

In September 2013, the United States indicted Defendant for violation of 18 U.S.C. 922(g)(1), felon in possession of a firearm and ammunition, and 18 U.S.C. § 924 (d)(1), gun forfeiture. Defendant filed the instant motion to suppress on June 30, 2014. The only evidence Defendant submitted in support of his motion were the two police reports prepared by the arresting officers, the accuracy of which Defendant does not concede. Mot., at 2, n. 1.

In response, the United States argued that two exceptions to the warrant…