United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION TO DENY DEFENDANT'S
MOTION TO SUPPRESS
E. LARSEN UNITED STATES MAGISTRATE JUDGE.
the Court is Defendant's Motion to Suppress Evidence.
Defendant moves the Court to suppress evidence seized as a
result of his September 1, 2016 arrest. For the following
reasons, Defendant's motion should be denied.
indictment was returned on September 20, 2016, charging
Defendant with one count of being a felon in possession of a
firearm, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2). Defendant filed a motion to suppress (Doc. No. 27)
and the government responded (Doc. No. 30). An evidentiary
hearing was then held. The government appeared by Assistant
United States Attorney Mike Green. Defendant was present,
represented by appointed counsel Bill Raymond. The government
called the following witnesses to testify: (1) Grandview,
Missouri Police Department Detective Paul Brooks; (2) Kansas
City, Missouri Police Department Sergeant Brad Dumit; (3)
Kansas City, Missouri Police Department Detective Greg
Harmon; and (4) Kansas City, Missouri Police Department
Detective William Hooley. The following exhibits were
admitted into evidence:
Government's Exhibit 1: Dash cam video;
Government's Exhibit 2: Video of statements from William
Edwards and Jeffrey Arzola; and
Government's Exhibit 3: Miranda waiver.
basis of the evidence presented at the suppression hearing, I
submit the following findings of fact.
Kansas City, Missouri Police Department Detective William
Hooley is a member of the Vice Squad (Tr. at 4). Detective
Hooley's work with the Vice Squad includes undercover
operations related to sex trafficking, prostitution and
narcotics (Tr. at 4-5). When involved in undercover
prostitution investigations, Detective Hooley generally plays
the role of a customer (Tr. at 5).
September 1, 2016, Detective Hooley was assisting the FBI
with an investigation that pertained to the use of an
underage girl in human trafficking (Tr. at 4, 8, 19).
Detective Hooley obtained a telephone No. from an
advertisement on Backpage.com, called the No. and spoke to a
female whose real name he later learned to be Nicole Lewis
(Tr. at 8-9, 22).
Detective Hooley spoke to Ms. Lewis at least four or five
times that day to coordinate details of the transaction; he
never spoke to anyone but Ms. Lewis (Tr. at 9, 23). They
agreed Detective Hooley would meet Ms. Lewis for
“full-service” in exchange for $200 (Tr. at 9,
23). The discussions always involved sex with Ms. Lewis, not
with a minor (Tr. at 23-24).
Because the meeting location was going to be in Grandview,
Missouri, Detective Hooley's team enlisted the assistance
of the Grandview Police Department (Tr. at 10). All law
enforcement officers involved in the operation met for a
briefing in the parking lot of a high school beforehand (Tr.
at 10, 24-25). The Grandview officers were familiar with the
residence involved, and told Detective Hooley during the
briefing that he was going into a bad place that was known
for prostitution, drugs, and that usually had a lot of people
there (Tr. at 11, 25, 32). Law enforcement frequently
received calls for service regarding the residence (Tr. at
Detective Hooley arrived at the residence, he parked across
the street (Tr. at 12). An unhappy neighbor came outside,
told Detective Hooley he was not a nice person to go there
and repeatedly told him to move his car (Tr. at 12-13, 26).
Detective Hooley did so and walked up to the residence where
Ms. Lewis was standing in the doorway (Tr. at 13).
Lewis let Detective Hooley inside the residence; it was a
very dark, split-entry house (Tr. at 13, 14). A neon clock in
the front room was the only light Detective Hooley could see
(Tr. at 13-14). Detective ...