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United States v. Gardiner

United States District Court, D. Maine

January 6, 2017

UNITED STATES OF AMERICA,
v.
JONATHAN GARDINER, Defendant

          RECOMMENDED DECISION ON MOTION TO SUPPRESS

          John C. Nivison U.S. Magistrate Judge

         This matter is before the Court on Defendant Jonathan Gardiner's Motion to Suppress. (ECF No. 30.) Through his motion, Defendant contends law enforcement officials searched his residence without a warrant and without consent. Defendant, therefore, seeks to exclude from trial all evidence derived from the search.

         Proposed Findings of Fact

         Following a hearing on the motion, and after consideration of the evidence, I recommend the Court find the following facts:

1. On November 13, 2014, at approximately 6 p.m., two deputies of the Penobscot County Sheriff's office (deputies Allen and Roy) responded to a call from a residence in Glenburn, Maine, regarding the discharge of a weapon.
2. An individual at the residence informed the officers that shots were fired outside a nearby house.
3. The house identified by the individual was Defendant's house located at 184 Lakeview Drive in Glenburn (the property).
4. When the officers arrived at the property, Deputy Allen knocked on the front door. Angela Barry appeared at the door.
5. Ms. Barry informed the officers that she was Defendant's girlfriend, and that she resided on the property with Defendant and their child. She also informed the officers that three other individuals lived on the property.
6. Ms. Barry told the officers that Defendant was not at home, that he was at work, and that he worked at Burger King.
7. When the officers advised Ms. Barry that they had received a complaint of shots fired outside the residence, Ms. Barry said she had no knowledge of any shots fired.
8. Deputy Allen asked Ms. Barry if officers could search the outside of the residence, to which search Ms. Barry consented.
9. During the search, Deputy Allen located a shooting target area in the back of the property. The officers also found some shell casings in the area.
10. Through dispatch, the officers learned that both Ms. Barry and Defendant were convicted felons. They also learned of an outstanding arrest warrant for ...

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