Harger

United States v. Harger

Good Law
313 F. Supp. 3d 1082
United States District Court, Northern District of CaliforniaJune 27, 2018Case No. 17–cr–00479–CRB–1California7,258 words

Opinion

Lead Opinion

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS

CHARLES R. BREYER, United States District Judge *1084 The government charges Defendant Maurice Harger ("Harger") with being a felon in possession of a firearm. See Indictment (dkt. 1) at 3-4. Harger moves to suppress evidence of the firearm, arguing that it was obtained through an unlawful search and seizure. See generally Motion (dkt. 18). For the reasons discussed below, the Court GRANTS the motion.

I. BACKGROUND

A. Two Anonymous Tips

On April 20, 2017, the San Francisco Police Department ("SFPD") received two anonymous calls on its non-emergency line, both of which were recorded. See Linker Decl. (dkt. 19), Ex. B. 1 The first call, placed at approximately 4:48 p.m., was from a woman reporting that the driver of a silver Toyota Sienna van parked near the Boys & Girls Club in the Bayview neighborhood of San Francisco had a gun and seemed to be "doing little drug transactions." Linker Decl., Ex. B, MH-000257 at 0:08-1:42. The caller mentioned that there were kids around. Id. at 1:29-1:42. She described the driver as a Black male "probably in his 30s" and said that the gun was "black in color," but she could not describe the…

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