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United States v. Brown

United States District Court, W.D. Missouri, Western Division

November 19, 2014

United States of America, Plaintiff,
v.
Richard Brown, Defendant.

REPORT AND RECOMMENDATION

JOHN T. MAUGHMER, Magistrate Judge.

Pending before the Court is the MOTION TO SUPPRESS IDENTIFICATION WITH SUGGESTIONS (Doc. #20) filed on March 28, 2014, by defendant Richard Brown ("Brown"). On July 11, 2014, the undersigned held an evidentiary hearing on Brown's motion. Brown was present and represented by his counsel, Assistant Federal Public Defender Stephen C. Moss. The government was represented by Assistant United States Attorney William L. Meiners. At the evidentiary hearing, testimony was given by two witnesses: Officers Ben Haskett and Christopher J. Taylor with the Kansas City, Missouri Police Department. Additionally, the following exhibit was admitted into evidence: Gov't Ex. #1 [Dash camera video]. On the basis of all the evidence adduced at the evidentiary hearing, the undersigned submits the following:

PROPOSED FINDINGS OF FACT

1. On April 10, 2013, Officer Ben Haskett of the Kansas City, Missouri Police Department was on patrol with his partner Officer Rashonda Williams. Tr. at 4.

2. At approximately 6:15 p.m., Officers Haskett and Williams responded to an armed robbery call. Tr. at 4.

3. Upon arriving at the scene, Officer Christopher Taylor was already there with the female robbery victim. Tr. at 4-5, 36.

4. The victim reported to the officers that after she had exited her vehicle near her apartment, a man came up behind her, produced a gun after she turned around, and demanded her money. Tr. at 5, 27-28.

5. The victim told the officers that she had then thrown her purse on the ground and told the robber that her money was in the purse. Tr. at 5, 27-28.

6. The robber then grabbed the purse, ran back to a vehicle, and drove south away from the location. Tr. at 5.

7. The victim described the robber as a black male of an approximate height and weight wearing blue shorts (possibly denim) and a hoodie (possibly blue or gray). Tr. at 6, 16-17, 28.

8. The victim described the robber's car as a dark-colored Chrysler (possibly a 300) with dark tinted windows. Tr. at 36.

9. The victim described the robber's gun as a silver handgun. Tr. at 6, 21.

10. The victim informed the officers that her iPhone was in her purse. Tr. at 5.

11. Officer Taylor, with the victim's assistance, then tracked the location of the ...


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