United States v. Rogers

MEMORANDUM AND ORDER

Defendant Kim Edward Rogers (“Defendant”) is charged with one count of possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B). ECF No. 9.Presently before the Court is Defendant’s Motion to Suppress Evidence (“Motion”). ECF No. 24. The Government opposes the Motion, and both sides have fully briefed the pertinent issues. See ECF Nos. 30, 31, 40. The Court held an evidentiary hearing on December 10, 2015 and permitted oral argument on December 14, 2015. For the reasons that follow, Defendant’s Motion is GRANTED.

BACKGROUND

On November 15, 2014, California Highway Patrol (“CHP”) Officer Wesley Fish *1188 (“Officer Fish”) observed Defendant driving a black Volvo sedan seventy-two miles per hour and executing an unsafe lane change on Highway 50 in Sacramento, California. Officer Fish pursued Defendant without activating the emergency lights or siren on his motorcycle. Defendant exited the highway at 58th Street at an estimated eighty-five miles per hour. Thereafter, Officer Fish activated his emergency -lights and siren, and Defendant stopped and parked his car in a residential neighborhood. Officer Fish instructed Defendant to exit the…