Case 4:16-cr-40070-KES Document 262 Filed 02/17/17 Page 1 of 11 PageID #: 893
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
4:16-CR-40070-01-KES
ORDER ADOPTING REPORT AND
RECOMMENDATION GRANTING
MOTION TO SUPPRESS
ROBERT JOHN HULSCHER,
Defendant.
NATURE AND PROCEDURE OF THE CASE
Defendant Robert John Hulscher is charged with two counts: (1) stealing
firearms and aiding and abetting stealing firearms under 18 U.S.C. §§ 924(1)
and 924(2); and (2) felon in possession of firearms under 18 U.S.C. § 922(g)(1).
Hulscher moves to suppress “all evidence from the advanced logical extraction”
of his cell phone. Docket 223 at 1. The motion was referred to United States
Magistrate Judge Duffy for a report and recommendation pursuant to 28
U.S.C. § 636(b)(1)(B).
During the evidentiary hearing, neither party provided testimony, but the
court received eleven exhibits. The court also took judicial notice of the exhibits
submitted with the parties’ briefs on Hulscher’s motion to suppress. For the
following reasons, the report and recommendation is adopted as modified by
this opinion.