The government filed a motion to reopen the suppression hearing after the court raised whether there was collective knowledge and the government didn’t respond. It should have seen this coming. “The Court cannot find good cause to reopen the evidentiary hearing. Contrary to the government’s assertion, the details of the pre-stop investigation of Defendant have always been relevant to this motion to suppress. While the government may not have expected to rely so heavily on its collective knowledge theory, it was well aware that the theory was available.” United States v. Quintero-Bernal, 2017 U.S. Dist. LEXIS 200045 (S.D. Cal. Dec. 5, 2017).
“The Defendant was unquestionably seized when he was ordered to exit the car at gunpoint. However, based on the foregoing analysis, the Court concludes that the encounter was a brief, investigatory stop rather than an arrest.” United States v. Bruce, 2017 U.S. Dist. LEXIS 199641 (S.D. Fla. Dec. 5, 2017).*