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United States of America v. Evens Claude

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


January 16, 2013

UNITED STATES OF AMERICA
v.
EVENS CLAUDE

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 16th day of January, 2013, upon consideration of Defendant's Motion to Suppress Statements and Evidence (Document No. 108, filed December 3, 2012), Government's Response to Defendant's Motion to Suppress Evidence (Document No. 111, filed December 7, 2012), a letter from defendant received December 24, 2012,*fn1 after an Evidentiary Hearing and argument of counsel for the Government and defendant on December 20, 2012, for the reasons set forth in the Memorandum dated January 16, 2013, IT IS ORDERED that Defendant's Motion to Suppress Statements and Evidence is GRANTED IN PART and DENIED IN PART as follows:

1. The Motion is GRANTED to the extent defendant asks the Court to preclude the Government from presenting evidence at trial that during a vehicle stop on June 8, 2011, defendant had a cellphone in his possession and that the cellphone rang when Officer Walter dialed the number he previously obtained from Jodaro Claude; and

2. The Motion is DENIED in all other respects.

BY THE COURT:

Hon. Jan E. DuBois


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