United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION
T. Maughmer United States Magistrate Judge
before the Court is the Motion to Suppress Illegally Obtained
Evidence (Doc. #42) filed on March 16, 2018, by defendant
Tyreese Thompson (“Thompson”). On May 15, 2018,
the undersigned held an evidentiary on Thompson's motion
to suppress. Thompson was present and represented by his
counsel, Federal Public Defender Robert Kuchar. The
government was represented by Assistant United States
Attorney David Raskin. At the evidentiary hearing, oral
testimony was given by Detective Justin Crump and Officer
Brandon Winders, both with the Kansas City, Missouri Police
Department, and by Special Agent Charles Backer with the
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Additionally, the following exhibits were admitted into
On the basis of all the evidence adduced at the evidentiary
hearing and the legal arguments advanced, the undersigned
submits the following:
FINDINGS OF FACT
Justin Crump is currently a detective-in-training with the
Kansas City, Missouri Police Department (“KCMPD”)
who, prior to 2018, had been a tactical operator on
KCMPD's Street Crimes Tactical Squad. Tr. at 3.
KCMPD's Street Crimes Tactical Squad is responsible for
executing narcotics and high-risk search and arrest warrants.
Tr. at 4.
2016, Det. Crump was a “point man” for
KCMPD's Street Crimes Tactical Squad. Tr. at 5.
point man is generally the first officer to enter through the
door of a residence when a warrant is being executed and
thereafter deploys officers conducting any search. Tr. at 5.
Brandon Winders is also a tactical operator on KCMPD's
Street Crimes Tactical Squad. Tr. at 41.
Charles Backer is a Senior Special Agent with the Bureau of
Alcohol, Tobacco, Firearms, and Explosives
(“ATF”). Tr. at 60.
Agent Backer is assigned to the Illegal Firearms Squad - a
task force between KCMPD and ATF to work cooperatively on
violent crimes that involve firearms. Tr. at 60.
2016, the Illegal Firearms Squad was investigating a pawn
shop burglary in St. Joseph, Missouri, in which several
firearms were stolen. Tr. at 61, 63.
the course of the investigation of the pawn shop burglary,
the Illegal Firearms Squad identified a suspect by the name
of Tyreese Thompson, who was also the subject of a pending
felony arrest warrant for robbery. Tr. 6110. The Illegal
Firearms Squad received information from a confidential
informant that Thompson could be found at a residential
address in Kansas City, Missouri - 3707 East 72nd Street. Tr.
March 8, 2016, Agent Backer traveled to 3707 East 72nd Street
with several members of the Illegal Firearms Squad and also
requested a team from KCMPD's Street Crimes Tactical
Squad. Tr. at 64.
After arriving at the address, Agent Backer and other
officers surveilled the residence and observed an
unidentified black male come out the front door of the house,
retrieve mail from the mailbox, and reenter the house. Tr. at
Because there was an unknown man in the house, Agent Backer
and the other officers at the scene decided to have the
tactical squad approach the residence to see if the man in
the house was Thompson. Tr. at 65.
March 8, 2016, Det. Crumb was the point man for KCMPD's
Street Crimes Tactical Squad for the operation to detain and
arrest Thompson at 3707 East 72nd Street. Tr. at 5-6, 21-22.
Det. Crumb and the tactical squad arrived mid to late
morning. Tr. at 6, 24.
Det. Crumb and the tactical squad were briefed that Thompson
was wanted for a burglary, the officers at the scene believed
the house belonged to Thompson's girlfriend, the officers
at the scene had seen a male (who could not be identified as
Thompson) come out on to the front porch before going back
into the residence, and it was believed that Thompson was
inside the residence. Tr. at 8-9, 22, 25-27.
Det. Crumb and the tactical squad were shown photographs of
Thompson. Tr. at 8-9.
residence at 3707 East 72nd Street was a small
bungalow-styled house with a medium-sized front porch. Tr. at
approximately 12:25 p.m., Det. Crumb and the tactical squad
proceeded to perform a residence check at 3707 East 72nd
Street. Tr. at 9, 22.
per the usual procedures, 6-8 tactical officers (including
Det. Crumb) approached the front door at 3707 East 72nd
Street. Tr. at 10, 27.
he was approaching the house, Det. Crumb saw the blinds on
one of the front windows to the house move in a manner that
suggested someone was looking through the blinds. Tr. at
Det. Crumb proceeded to the front door and knocked while
loudly announcing “Police.” Tr. at 11.
After knocking, Det. Crumb could hear movement in the house.
Tr. at 28-29.
While waiting for a response, another tactical officer on the
porch told Det. Crumb that he had just seen the shades move
on one of the front windows. Tr. at 11-12.
After six to eight minutes (and 15-20 knocks on the front
door), a man (later identified as George Richards) answered
the door. Tr. at 11-13, 30.
to the amount of time that it took someone to answer the door
and based on his experience in executing warrants, Det. Crumb
suspected that efforts had been made inside the house to hide
either evidence or individuals. Tr. at 13.
Richards opened the door and had a dog beside him. Tr. at 14,
Because the dog was acting “aggressively” toward
Det. Crumb, Mr. Richards was asked to detain the dog. Tr. at
Richards dragged the dog by its collar to a kennel in a
nearby room, leaving the front door open. Tr. at 14.
While waiting for Mr. Richards to secure the dog, Det. Crumb
saw an individual he believed to be Thompson lean out from a
behind a corner. Tr. at 14, 31-32.
Det. Crumb ordered Thompson to show his hands. Tr. at 14, 32.
Thomson initially ignored the command and retreated behind
the wall he had been looking around, but - after Det. Crumb
called him by name and told him “It's over” -
Thompson reappeared from behind the wall. Tr. at 14-15,
Det. Crumb asked Thompson to come out of the house, which he
did. Tr. at 15.
Det. Crumb noted that Thompson had dust/spider webs on his
right arm, the right side of his white t-shirt, the right
side of his neck, and the back of his head and hair. Tr. at
After Thompson was off the porch and being detained by other
officers, Det. Crumb asked Mr. Richards (who had returned
from securing the dog) whether there was anyone else in the
house to which Mr. Richards responded “Nobody else that
I know of.” Tr. at 18.
Based on his experience in executing warrants, Det. Crumb
believed Mr. Richard's equivocal response was suspicious.
Tr. at 18-19.
Based on officer safety concerns, Det. Crumb decided to
conduct a protective sweep of the house to see if anyone else
was in the residence, limiting the sweep to only those areas
that were large enough to permit a person to hide. Tr. at
Neither Mr. Richards nor Thompson objected when Det. Crumb
announced that the tactical squad was going to perform a