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United States v. Williams

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

May 8, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEVION L. WILLIAMS, Defendant.

          REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO SUPPRESS

          ROBERT E. LARSEN United States Magistrate Judge

         Before the Court is Defendant's Motion to Suppress Evidence. Defendant moves the Court to suppress evidence obtained from the July 7, 2016 vehicle search. For the following reasons, Defendant's motion should be denied.

         I. BACKGROUND

         An indictment was returned on January 10, 2017, 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. 18) and the government responded (Doc. No. 21). An evidentiary hearing was held on July 6, 2017. The government appeared by Assistant United States Attorney Joe Marquez. Defendant was present, represented by retained counsel John Osgood. The government called the following witnesses to testify: (1) Kansas City, Missouri Police Department Officer Justin Palmer; (2) Kansas City, Missouri Police Department Detective Brian Tomanio; and (3) Kansas City, Missouri Police Department Officer Warner Stumpenhaus. Andela Turner testified on behalf of Defendant. The following exhibits were admitted into evidence:

Defendant's Exhibit 1: Audio dispatch of incident;
Defendant's Exhibit 2: Cell phone video of incident;
Defendant's Exhibit 3: Photo of 2016 Dodge Challenger;
Defendant's Exhibit 4: Photo of Dodge Charger Hellcat;
Defendant's Exhibit 5: Kansas City, Missouri Police Department Dispatch Timeline;
Defendant's Exhibit 6: Photo of 5342 Brooklyn, Kansas City, Missouri; and
Defendant's Exhibit 9: Excelsior Springs Police Department Inclusive Case Report.

         Upon request, the following exhibits were submitting following the suppression hearing:

Court's Exhibit 1: Sample of hot sheet by make of vehicle;
Court's Exhibit 2: Sample of hot sheet alphabetically by license ...

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