United States of America v. $167,070.00 in United States Currency

Filing 64

ORDER staying decision re 18 Motion to Suppress until the USSC rules in Rodriguez v. United States. Once the USSC rules, the parties shall file responsive pleadings within 15 days, and each party shall thereafter file replies within 15 days. Signed by Judge Larry R. Hicks on 2/24/2015. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 9 UNITED STATES OF AMERICA, 10 Plaintiff, v. 11 12 $167,070.00 IN UNITED STATES CURRENCY, 13 Defendant. 14 STRAUGHN SAMUEL GORMAN, 15 Claimant. 16 17 3:13-CV-00324-LRH-VPC ORDER Before the Court is Claimant Straughn Gorman’s (“Gorman”) Motion to Suppress. Doc. 18 #18.1 The Court held an evidentiary hearing on December 15 and 16, 2014, during which the Court 19 viewed the video of both traffic stops and heard deposition testimony from the officer who 20 effectuated the first stop, and live testimony from the officer who effectuated the second stop. On 21 January 21, 2015, the Supreme Court heard argument in Rodriguez v. United States, a case 22 involving an officer’s use of a canine sniff without reasonable suspicion or other lawful 23 justification. See generally Transcript of Oral Argument, Rodriguez v. United States, No. 13-9972 24 (2015). Because Rodriguez could impact the law underlying this case, the Court hereby stays 25 resolution of Gorman’s motion until after the Supreme Court rules in Rodriguez. Once the 26 1 Refers to the Court’s docket number. 1 Supreme Court rules, the parties shall file responsive pleadings within fifteen (15) days, and each 2 party shall thereafter file replies within fifteen (15) days. 3 4 IT IS THEREFORE ORDERED that a decision on Gorman’s Motion to Suppress (Doc. #18) is stayed until the Supreme Court rules in Rodriguez v. United States. 5 IT IS SO ORDERED. 6 DATED this 24th day of February, 2015. 7 8 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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