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United States of America v. Jude Sereme

May 16, 2012

UNITED STATES OF AMERICA
v.
JUDE SEREME, NEHEME DUCTANT, RICK JEAN, WILMANE JEAN, RASHID FRANCOIS, MICHAEL DUPIN, JOPHANEY HYPPOLITE, JENNIFER NICOLE SANDER, ERIC BONITA



OPINION AND ORDER

This matter comes before the Court on a Report and Recommendation (Doc. #189) recommending that defendant Jude Sereme's Motion to Suppress Evidence (Doc. #120) be denied. The magistrate judge also recommends that co-defendant Jophaney Hyppolite's motion to adopt (Doc. #127) be denied because he has not shown standing. Objections to Report and Recommendation (Doc. #212) were filed. The government has filed no response to the objections, and the time to do so has expired.

I.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); United States v. Powell, 628 F.3d 1254, 1256 (11th Cir. 2010). A district judge "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1)(C). See also United States v. Farias-Gonzalez, 556 F.3d 1181, 1184 n.1 (11th Cir. 2009). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).

II.

Defendant Jude Sereme's Motion to Suppress Evidence (Doc. #120) asserts that there was an unlawful traffic stop, detention, and search of his person, which tainted subsequently developed evidence in the case. The Court finds no violation of defendant's Fourth Amendment rights and, therefore, ...


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