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 All
Evidence Seized as the Result of the Unlawful Search of Dusty
Molina-Lopez' Home [Doc. 18] filed by defendant Walter
Molina-Lopez (“Molina-Lopez”) on August 5, 2019.
On September 16, 2019, the undersigned held an evidentiary
hearing on Molina-Lopez' motion. Molina-Lopez was present
and represented by his counsel, Assistant Federal Public
Defender Carie Allen. The government was represented by
Assistant United States Attorney Ashleigh Ragner. At the
evidentiary hearing, testimony was provided by Special Agents
Nicholas Nordstrom, Paul Mills, and Alberto Briseno, all with
Home Security Investigations, as well as Ashley Plowden, an
investigator with the Federal Public Defender's office,
and Sara Gardner, a professional Spanish language
interpreter. Additionally, the following exhibit was admitted
basis of all the evidence adduced at the evidentiary hearing,
the undersigned recommends denial of Molina-Lopez' motion
and submits the following proposed findings of facts and
proposed conclusions of law.
FINDINGS OF FACT
April of 2017, Nicholas Nordstrom and Paul Mills were Special
Agents with Home Land Security Investigations
(“HSI”). Tr. at 4, 25-26.
April 11, 2017, HIS had received information that
Molina-Lopez was selling methamphetamines in Kansas City,
Missouri. Tr. at 5-6.
Nordstrom also received information that Molina-Lopez was
residing at 513 Drury Avenue in Kansas City. Tr. at 6.
Nordstrom ran a computer check on Molina-Lopez' name and
learned that there was an active arrest warrant for
Molina-Lopez for possession of a controlled substance issued
out of a Missouri state court. Tr. at 6.
Nordstrom and some other HIS agents briefed some officers
from the Kansas City Missouri Police Department and set up
surveillance of the residence on Drury Avenue. Tr. at 6.
Shortly after initiating surveillance, officers observed a
woman exit the residence with a child. Tr. at 7, 26.
officers approached the woman as she was getting into her car
while SA Nordstrom and SA Mills went to the front door of the
Drury Avenue residence intending to conduct a knock-and-talk.
Tr. at 7, 26.
door was answered by a woman (Susana Aguirre-Sanchez). Tr. at
7, 26-27, 33.
officers identified themselves, asked if Molina-Lopez lived
at the house, and asked if Miss Aguirre-Sanchez would consent
to a search of the residence. Tr. at 7-8.
Nordstrom recognized that Miss Aguirre-Sanchez either did not
understand English or was having ...