Cornejo
United States v. Cornejo
Opinion
Lead Opinion
Mueller, J.
*1140 ORDER
Relying in large part on the Supreme Court’s relatively recent decision in Rodriguez v. United States, — U.S.-, 135 S.Ct. 1609 , 191 L.Ed.2d 492 (2015), defendant Jairo Cornejo moves to suppress physical evidence seized and statements made on December 13, 2014 following a traffic stop. The government opposes the motion. The court heard testimony at an evidentiary hearing on September 23, 2015 and March 29, 2016, and heard argument on August 12, 2015 and June 8, 2016. At each hearing, Richard Bender appeared for the government and Kelly Babineau appeared for Cornejo. As explained below, the court GRANTS IN PART defendant’s motion.
I. PROCEDURAL BACKGROUND
On December 15, 2014, the government filed a criminal complaint, alleging that defendant had possessed with the intent to distribute methamphetamine and heroin under 21 U.S.C. § 841 (a)(1). 1 ECF No. 1. On December 18,2014, a grand jury indicted defendant on two counts, consistent with the complaint’s allegations. ECF No. 5. Cornejo entered a not guilty plea on December 30, 2014. ECF No. 8. On June 17, 2015, defendant moved to suppress evidence and requested an evidentiary hearing. ECF No. 28. The government opposed…