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United States v. Maxwell

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

January 13, 2015

United States of America, Plaintiff,
v.
Mark A. Maxwell, Defendant

For Mark Maxwell, Defendant: Ronna Holloman-Hughes, LEAD ATTORNEY, Federal Public Defender's Office - KCMO, Kansas City, MO; FPD, Federal Public Defender, Kansas City, MO.

For USA, Plaintiff: Bruce Eugene Clark, LEAD ATTORNEY, United States Attorney's Office-KCMO, Kansas City, MO.

REPORT AND RECOMMENDATION

John T. Maughmer, United States Magistrate Judge.

Pending before the Court is the Motion to Suppress Evidence with Suggestions (Doc. #20) filed on June 10, 2014, by defendant Mark A. Maxwell (" Maxwell"). On September 10, 2014, the undersigned held an evidentiary hearing on Maxwell's motion. Maxwell was present and represented by his counsel, Federal Public Defender Ronna Holloman-Hughes. The government was represented by Assistant United States Attorney Bruce E. Clark. At the evidentiary hearing, testimony was given by one witness: Officer Jason Rains with the Kansas City, Missouri Police Department. Additionally, the following exhibit was admitted into evidence: Gov't Ex. #1 [Dashcam videotape]. On the basis of all the evidence adduced at the evidentiary hearing, the undersigned submits the following:

PROPOSED FINDINGS OF FACT

1. On April 23, 2014, Jason Rains was patrolling as a police officer with the Kansas City, Missouri Police Department. Tr. at 3.

2. At approximately, 1:20 p.m., Officer Rains was patrolling in the vicinity of 63rd Street and Manchester Avenue in Kansas City, when he observed a truck parked on the shoulder of the road. Tr. at 5.

3. As Officer Rains passed the truck in his vehicle he saw a male slumped over in the driver's seat of the truck who appeared to be either sleeping or passed out. Tr. at 5, 16.

4. Officer Rains decided to turn back and stop and see if the individual in the truck was okay. Tr. at 6, 14, 16, 25.

5. Prior to approaching the vehicle, Officer Rains radioed in the truck's Missouri license plate number and was informed that the Department of Revenue had " no record" of the vehicle plate number ( i.e . the vehicle was unregistered). Tr. at 7, 26-27.

6. The officer approached the truck and applied a sternum rub to the driver. Tr. at 9.

7. A sternum rub is used to wake individuals and involves going up and down a person's sternum with your knuckles. Tr. at 9.

8. After a few sternum rubs, the driver came to or woke up and became combative and started swinging at Officer Rains' hands. Tr. at 9-11, 16.

9. The driver was then removed from the truck using an arm bar to prevent him continuing to swing at ...


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