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United States of America v. Patrick B. Wallace

August 28, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PATRICK B. WALLACE, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

E-FILED

Tuesday, 28 August, 2012 04:56:30 PM Clerk, U.S. District Court, ILCD

OPINION

For the following reasons, the Court adopts the Report and Recommendation [d/e 30] entered by U.S. Magistrate Judge Byron G. Cudmore.

I.

The Court notes at the outset that the facts and procedural history of this case are set out in the Report and Recommendation and the other filings before the Court. The Court sees no need to rehearse them once again.

The Court has reviewed and fully considered the following documents:

* Defendant Patrick B. Wallace's Motion to Dismiss Affidavit in Support of Search Warrant [d/e 18];

* the Defendant's Amended Motion to Dismiss Affidavit in Support of Search Warrant and Search Warrant [d/e 26];

* the Government's Response [d/e 27];

* the Defendant's Reply [d/e 29];

* the Report and Recommendation [d/e 30]; 32]; and

* the Defendant's pro se Objections to Evidentiary Hearing of June 13, 2012 [d/e 33].

In addition, the Court has reviewed Government Exhibit 2, the

* the Defendant's Objections to Report and Recommendations [d/e

audiovisual recording of the Confidential Source (CS) visiting the residence. Like Judge Cudmore, the undersigned has not reviewed Government Exhibit 1 (investigative reports prepared following execution of the warrant) or Government Exhibit 3 (recording of CS' second controlled purchase conducted after the warrant was secured).

Finally, the Court has reviewed the audio recording of the limited evidentiary hearing held on June 13, ...


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