United States District Court, D. South Dakota, Western Division
ORDER ADOPTING REPORT AND RECOMMENDATION
JEFFREY L. VIKEN, CHIEF JUDGE
13, 2015, defendant Danny Ferguson filed a motion to suppress
all statements and the results of a polygraph examination.
(Docket 21). The suppression motion was referred to
Magistrate Judge Daneta Wollmann for a report and
recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and
the standing order dated June 11, 2007. Magistrate Judge
Wollmann held a suppression hearing on February 22, 2016.
(Docket 38). Magistrate Judge Wollmann issued a report and
recommendation. (Docket 44). Defendant filed timely
objections to the report and recommendation. (Docket 46). The
government filed a response to defendant's objections.
court finds the magistrate judge's report and
recommendation is an appropriate application of the law to
the facts presented by the parties at the suppression
hearing. See United States v. Newton, 259 F.3d 964,
966 (8th Cir. 2001). For the reasons below, the court
overrules defendant's objections and adopts the report
and recommendation in its entirety.
Objections to the Magistrate Judge's Report and
the Federal Magistrate Act, 28 U.S.C. § 636(b)(1), if a
party files written objections to the magistrate judge's
proposed findings and recommendations, the district court is
required to “make a de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.”
Id. The court may “accept, reject, or modify,
in whole or in part, the findings or recommendations made by
the magistrate judge.” Id.
party filed objections to the magistrate judge's findings
of fact. (Dockets 46 & 49). The court adopts the
magistrate judge's findings of fact in accord with 28
U.S.C. § 636(b)(1)(C).
defendant filed objections to the magistrate judge's
conclusions of law. (Docket 46). Defendant objects to the
following legal conclusions:
1. Law enforcement did not violate his right to counsel;
2. Law enforcement honored his right to remain silent once he
invoked it; and
3. His statements were voluntary.
Id. at pp. 5, 8, 9. The court examines each
objection in turn.
Whether law enforcement violated ...