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Home Source documents Order — United States v. Kirk Antwan Jackson, No. 1:08-CR-289-TWT (Dkt. 41, N.D. Ga.)

Order — United States v. Kirk Antwan Jackson, No. 1:08-CR-289-TWT (Dkt. 41, N.D. Ga.)

Summary

U.S. District Judge Thomas W. Thrash, Jr. of the Northern District of Georgia adopts the Magistrate Judge's Report and Recommendation [Doc. 34] and denies the Motion to Suppress Evidence [Doc. 13] in United States v. Kirk Antwan Jackson, No. 1:08-CR-289-TWT. The order says Jackson was arrested by a City of Atlanta police officer who found a firearm in the defendant's waistband. It finds the initial detention was based on reasonable suspicion and the arrest on probable cause, and that the post-arrest statement should not be suppressed; the order is dated the 3 day of September, 2009.

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Full text

                      IN THE UNITED STATES DISTRICT COURT
                     FOR THE NORTHERN DISTRICT OF GEORGIA
                               ATLANTA DIVISION

 UNITED STATES OF AMERICA,
                                            CRIMINAL FILE NO.
            v.                              1:08-CR-289-TWT
 KIRK ANTWAN JACKSON,
    Defendant.

                                      ORDER

        This is a criminal case.     It is before the Court on the Report and

Recommendation [Doc. 34] of the Magistrate Judge recommending denying the

Defendant’s Motion to Suppress Evidence [Doc. 13]. The Defendant was arrested by

a City of Atlanta police officer who found a firearm in his waistband. For the reasons

set forth in the Report and Recommendation, the initial detention of the Defendant

was based upon reasonable suspicion. The Defendant’s arrest was based upon

probable cause and his post arrest statement should not be suppressed. The Court

approves and adopts the Report and Recommendation of the Magistrate Judge as the

Judgment of the Court. The Defendant’s Motion to Suppress is DENIED.

        SO ORDERED, this 3 day of September, 2009.

                                              s/Thomas W. Thrash
                                              THOMAS W. THRASH, JR.
                                              United States District Judge
T:\ORDERS\USA\08\08cr289.wpd

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