United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION
T. MAUGHMER UNITED STATES MAGISTRATE JUDGE.
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
Gov't #10-14, 22
Kansas City Municipal ordinances
Dash cam videos
Kansas City Municipal Court records
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.
FINDINGS OF FACT
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
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,
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.
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.
officers then began following the eastbound Mercedes. Tr. at
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.
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
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.
Officer Abouhalkah asked the driver for his license and proof