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United States v. Carter

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

February 22, 2018

United States of America, Plaintiff,
v.
Keith L. Carter, Defendant.

          REPORT AND RECOMMENDATION

          JOHN T. MAUGHMER UNITED STATES MAGISTRATE JUDGE.

         Presently pending before the Court is the Motion to Suppress Evidence and Statement with Suggestions in Support [Doc. 23] filed by defendant Keith L. Carter (“Carter”) on October 16, 2017. On November 30, 2017, the undersigned held an evidentiary hearing on Carter's motion. Carter was present and represented by his counsel, Assistant Federal Public Defender Carie Allen. The government was represented by Assistant United States Attorney Alison Duning. At the evidentiary hearing, testimony was provided by Officers Douglas Davidson and Luke Abouhalkah and Detective Aaron Riley all with the Kansas City, Missouri Police Department. Additionally, the following exhibits were admitted into evidence

Number

Description

Gov't #1-4

Photographs

Gov't #5-9

Citations/Summonses

Gov't #10-14, 22

Kansas City Municipal ordinances

Gov't #15-16

Dash cam videos

Gov't #17-21

Kansas City Municipal Court records

         On the basis of all the evidence adduced at the evidentiary hearing, the undersigned recommends denial of Carter's motion and submits the following proposed findings of facts and proposed conclusions of law.

         PROPOSED FINDINGS OF FACT

         1. On July 23, 2016, Douglas Davidson and Luke Abouhalkah were uniformed patrol officers with the Kansas City, Missouri Police Department assigned to the Central Division. Tr. at 3-4, 74-75.

         2. On that date, at approximately 9:50 p.m., Officers Davidson and Abouhalkah were in their marked patrol car on routine patrol in the area of 6th Street and Grand Boulevard near Grand Slam Liquor in Kansas City, Missouri. Tr. at 5, 49, 75-76.

         3. Based on law enforcement experience, the Grand Slam Liquor was a location that had experienced crime problems previously involving guns and narcotics. Tr. at 6-7, 76.

         4. While watching the Grand Slam Liquor, the officers observed a gold Mercedes-Benz CL600 leave the parking lot and travel briefly eastbound on 6th Street. Tr. at 8, 53.

         5. The officers then began following the eastbound Mercedes. Tr. at 9, 78.

         6. Shortly thereafter, the Mercedes straddled the lane line and made a right-hand turn southbound on to Page Street, all without using a turn signal. Tr. at 8-12, 54-55, 78-79.

         7. The officers then pulled the Mercedes over at the corner of 6th Street and Page Street for an observed traffic violation of lane straddling and failure-to-signal. Tr. at 9-12, 55-56.

         8. After the vehicle was stopped, Officer Abouhalkah approached the driver's side of the Mercedes while Officer Davidson approached the passenger side. Tr. at 16, 59-60, 80.

         9. Officer Abouhalkah asked the driver for his license and proof of ...


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