Conerly

United States v. Conerly

Good Law
75 F. Supp. 3d 1154·2014 WL 6900994·2014 U.S. Dist. LEXIS 169937
United States District Court, Northern District of CaliforniaDecember 8, 2014Case No. 13-cr-00717-JST-1California6,308 words

Opinion

Lead Opinion

Tigar, J.

*1157 ORDER GRANTING MOTION TO SUPPRESS

Re: ECF No.

Defendant David Conerly now moves to suppress all physical evidence that officers of the Berkeley Police Department obtained after they arrested and searched him following his flight from a police vehicle on February 22, 2013. Conerly also seeks to suppress statements he made following his arrest, as fruits of the unlawful arrest and search. For the reasons set forth below, the motion is GRANTED.

I. BACKGROUND

A. Procedural History

In October 2013, the United States indicted Conerly for violation of 18 U.S.C. 922(g)(1), being a felon in possession of a firearm and ammunition. Defendant filed the instant motion to suppress on September 30, 2014. ECF No. 69. The matter came on for hearing on November 24, 2014.

B. Factual History

i.Officers’ Initial Encounter with Conerly

On the afternoon of February 22, 2013, Officers Lathrop and Flores of the Berkeley Police Department Drug Task Force were patrolling the area near San Pablo Park in a semi-marked vehicle. Lathrop Police Report, ECF No. 80-1 at 6. Officer Lathrop testified by declaration that this area is “commonly frequented by individuals possessing firearms and…

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