Lopp
United States v. Lopp
Opinion
Lead Opinion
Rogers, J.
Order Granting Motion op Dependant to Suppress Evidence
Re: Dkt. No.
Defendant Barbara Joan Lopp was indicted for violation of 18 U.S.C. section 1349 , conspiracy to commit bank fraud, on July 16, 2015. (Indictment, Dkt. No. 25.) Lopp filed a Motion to Suppress Evidence regarding statements she made during an investigatory stop and thereafter, as well as the physical evidence seized from her person and rental vehicle during her arrest. (Dkt. No. 68, “Mtn.”) The government has opposed the motion. (Dkt. No. 72, “Oppo.”) Oral argument was held on February 25, 2016, and an evidentiary hearing took place on March 24, 2016. The parties filed additional briefing subsequent to the hearing.
Having carefully considered the papers submitted, the pleadings in this action, oral argument, and for the reasons set forth below, the Court hereby Grants the Motion to Suppress Evidence.
I. BACKGROUND
On February 12, 2015, at approximately 10:34 a.m. on a Thursday in Sioux City, Iowa, a bank manager at the Municipal Credit Union (“the credit union”) called the police to report an ongoing fraudulent credit card transaction. (Corrected Exhibit A [“Lewis Report”] to Declaration of Detective…