United States of America v. $84,000.00 in United States Currency

Filing 32

ORDER regarding MOTION Motion to Suppress Evidence and Statements 20 filed by Mor Wendy Yang.1) On or before November 18, 2014, the parties shall jointly notify the court as to whether additional evidence will be submitted on the Claimants motion to suppress, (Filing No. 20 ), and, if so, when that evidence will be available. 2) Absent timely notice as required under paragraph 1, the court will deem the motion fully submitted as of November 19, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:13CV323

vs.
ORDER
$84,000.00 IN UNITED STATES
CURRENCY,
Defendant.
The evidentiary hearing on the Claimant’s motion to suppress, (Filing No. 20), was held
on September 11, 2014. At the close of the hearing, the parties discussed whether testimony
from the driver, Bao Yang, was relevant and necessary. The court questioned whether Bao Yang
had any reasonable expectation of privacy sufficient to refuse consent to the vehicle search or to
revoke her consent. Irrespective of the answer to that question, an interpreter was needed but
unavailable for securing Bao Yang’s testimony at the hearing itself. The court agreed to keep the
evidentiary record open pending further briefing and the parties’ decision on whether Bao
Yang’s testimony would be submitted to the court by deposition.
The Claimant filed a post-hearing brief. (Filing No. 29). The brief states “[t]he parties
intend to depose Bao Yang to determine if she agrees that she consented to a search of the
vehicle.” (Filing No. 29, at CM/ECF p. 2-3). This sentence suggests the parties may intend to
submit additional evidence on the pending motion to suppress, but the parties may have decided
otherwise. Bao Yang’s deposition has not yet been filed.

Accordingly,

IT IS ORDERED:

1)

On or before November 18, 2014, the parties shall jointly notify the court as to

whether additional evidence will be submitted on the Claimant’s motion to suppress, (Filing No.
20), and, if so, when that evidence will be available.

2)

Absent timely notice as required under paragraph 1, the court will deem the

motion fully submitted as of November 19, 2014.
November 4, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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