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United States v. Black-McCormick

United States District Court, W.D. Missouri, St. Joseph Division

November 19, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
KIMBERLY JOY BLACK-McCORMICK, Defendant.

REPORT AND RECOMMENDATION

JOHN T. MAUGHMER, Magistrate Judge.

Pending before the Court is the MOTION TO SUPPRESS (Doc. #338) filed on May 9, 2014, by defendant Kimberly Joy Black-McCormick ("Black-McCormick"). On June 26, 2014, the undersigned held an evidentiary hearing on Black-McCormick's motion. Black-McCormick was present and represented by her counsel, Preston L. Cain. The government was represented by Assistant United States Attorney Bruce A. Rhoades. At the evidentiary hearing, testimony was given by two witnesses: Officer Tommy Gaddis and Detective Frank Rorabaugh both with the Kansas City, Missouri Police Department. Additionally, the following exhibits were admitted into evidence:

Gov't Ex. #1 [Dash camera video]
Gov't Ex. #2 [Video interview]
Gov't Ex. #3 [Video interview]

On the basis of all the evidence adduced at the evidentiary hearing, the undersigned submits the following:

PROPOSED FINDINGS OF FACT

1. On February 20, 2013, Officer Tommy Gaddis of the Kansas City Police Department was working in the Violent Crimes Enforcement Squad. Tr. at 5, 6.

2. On that date, Officer Gaddis and other officers were on a "proactive patrol, " i.e., checking various locations known to be the frequent location of criminal activity. Tr. at 7.

3. At around 5:30 p.m., Officer Gaddis and Officer Bryan Britten were patrolling in the area of 35th Street and Agnes. Tr. at 8.

4. Officer Gaddis noticed a black Toyota 4Runner parked (but running with the headlights on) with a man in the vehicle in front of a residence known to officers as a "drug house." Tr. at 8, 9.

5. According to Officer Gaddis, several prior arrests for methamphetamine had been made of people leaving the particular residence. Tr. at 9, 28-29.

6. Officer Gaddis was also aware that a woman named "Barbara Carnahan" was associated with the residence and that she had an outstanding felony warrant for drug sales. Tr. at 9, 30.

7. While Officers Gaddis and Britten were observing the 4Runner, they saw a woman exit the "drug house" residence and get into the passenger seat of the 4Runner and then the vehicle pulled away. Tr. at 12, 13.

8. The officers believed the woman was Barbara Carnahan. Tr. at 12.

9. Because of Barbara Carnahan's outstanding warrant, the officers stopped the vehicle. Tr. at 13-14, 22-23.

10. While the officers were pulling the 4Runner over, they observed the passenger begin "looking around frantically" and, when the 4Runner came to a stop, the passenger could be seen bending forward ...


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