United States District Court, W.D. Missouri, Western Division
A. Willard, Defendant, represented by William M. Ermine,
Federal Public Defender's Office.
Plaintiff, represented by Bruce Eugene Clark, United States
REPORT AND RECOMMENDATION
T. MAUGHMER, Magistrate Judge.
before the Court is the MOTION TO SUPPRESS EVIDENCE WITH
SUGGESTIONS (Doc. #10) filed on July 11, 2016, by defendant
David A. Willard ("Willard"). On August 9, 2016,
the undersigned held an evidentiary hearing on Willard's
motion. Willard was present and was represented by his
counsel, Assistant Federal Public Defender Marc Ermine. The
government was represented by Assistant United States
Attorney Bruce Clark. At the evidentiary hearing, the
government called one witness: U.S. Probation Officer
Kimberly Grace. Additionally, the following exhibits were
admitted into evidence:
basis of all the evidence adduced at the evidentiary hearing,
the undersigned submits the following:
FINDINGS OF FACT
Kimberly Grace ("Grace") is a probation officer
with the United States District Court for the Western
District of Missouri. Tr. at 4.
Grace performs supervision on individuals subject to
supervised release by the federal court. Tr. at 4-5.
part of her supervisory activities, Grace occasionally
performs supervisory searches ( i.e., searches
performed of a probationer's property pursuant to the
probationer's courtordered conditions of supervised
release). Tr. at 5.
Willard was a probationer assigned to Grace. Tr. at 5-6.
March 23, 2007, a Judgment in a Criminal Case was entered
against Willard based on the offense of Felon in Possession
of a Firearm by the United States District Court for the
Western District of Missouri. Gov't #1.
Judgment entered by the district court included terms and
conditions for Willard's supervised release. Tr. at 6-7;
of the conditions imposed on Willard was that he would
"notify the probation officer at least ten (10) days
prior to any change in residence." Tr. at 7; Gov't
Another condition of Willard's supervised release
[Willard] shall submit his person, residence, office or
vehicle to a search, conducted by the U.S. Probation Officer
at a reasonable time and a reasonable manner, based on
reasonable suspicion of contraband or evidence of a violation
of a condition of release; failure to submit to a search may
be grounds for revocation; the defendant shall warn any other
residents that the premises may be subject to searches
pursuant to this condition.
7; Gov't #1.
Willard's supervision with Grace began on November 19,
2013. Tr. at 6, 8, 25.
Grace considers a "residence" to be where an
individual "sleeps" and "spends their
time." Tr. ...