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 Evidence and
Statement With Suggestions in Support (Doc. #47) filed on
March 24, 2019, by defendant Rashidi Crosdale
(“Crosdale”). On July 31, 2019, the undersigned
held an evidentiary hearing on Crosdale's motion.
Crosdale was present and appeared with his counsel S. Chase
Higinbotham, Jr. The government was represented by Assistant
United States Attorney Matthew Moeder. At the evidentiary
hearing, Crosdale testified along with six employees of the
Kansas City, Missouri Police Department - Andrew Dorothy,
Gwen Merino, Justin Palmer, James Oakes, Jacob Shroyer, and
Anthony Castelleto. Additionally, several exhibits were
admitted into evidence:
KCPD Tow Policy
Consent to search
basis of all the evidence adduced at the evidentiary hearing,
the undersigned submits the following:
FINDINGS OF FACT 
January of 2018, Andrew Dorothy and Justin Palmer were
sergeants with the Kansas City, Missouri Police Department
(“KCPD”), James Oakes and Bobbie King were
officers with the KCPD, and Gwen Merino, Jacob Shroyer and
Anthony Castelleto were detectives with the KCPD. Tr. at 5-6,
9, 62-63, 74, 100, 102, 129-30, 137.
January 5, 2018, Sgt. Dorothy read a report about an armed
robbery of the residence located at 1301 East 79th
Street in Kansas City, Missouri. Tr. at 9, 51.
According to the report, three armed black male suspects had
entered the residence, threatened the occupants (Mary
Patterson and Victor Roseberry), forced the residents to
abandon the property, and basically took over the residence.
Tr. at 9, 34, 54.
According to the report, the robbery had occurred in the
middle of December of 2017, but had not been reported to the
KCPD until January 4, 2018. Tr. at 10, 33, 52.
After reading the report, Sgt. Dorothy drove past the
residence at 1301 East 79thStreet and observed a
black Malibu parked at the house. Tr. at 10, 28-29, 52, 59.
Dorothy ran a check on the plates for the Malibu and learned
that the plates were registered to Izetta Brunson. Tr. at 10,
29, 55, 59.
After conducting an investigation of Ms. Brunson, Sgt.
Dorothy learned that she was involved in a 2017 narcotics
investigation and had a boyfriend identified in the records
as “Kevin Connor.” Tr. at 10, 30, 36-37, 52, 55,
Dorothy ran a computer check on the name “Kevin
Connor” and learned that he was wanted on a Jackson
County warrant for a parole violation. Tr. at 10-12, 37, 56.
January 9, 2018, Sgt. Dorothy briefed other law enforcement
officers on his investigation involving the robbery of 1301
East 79th Street and the information obtained
about “Kevin Connor.” Tr. at 11-13, 76-77.
With the intent of arresting “Kevin Connor, ”
Sgt. Dorothy dispatched two undercover officers (including
Sgt. Palmer) to 1301 East 79th Street to watch the
residence and see if any individual entered the Malibu. Tr.
at 12, 31, 76-78.
approximately 8:30 a.m., Sgt. Palmer observed a black male
exit the residence at 1301 East 79th Street and
leave in the Malibu. Tr. at 79-80.
man exiting the residence was similar looking to the photo
law enforcement officers had of “Kevin Connor”
and generally matched the other identifiers provided to law
enforcement officers of “Kevin Connor.” Tr. at
86, 93, 99.
black male was accompanied by a female juvenile. Tr. at 79.
Sgt. Palmer began following the Malibu. Tr. at 80, 94.
After following the Malibu for approximately 14 blocks, Sgt.
Palmer observed the Malibu pull into a drive-through line at
a McDonald's located at 65th and Troost in
Kansas City, Missouri. Tr. at 81.
approximately 8:55 a.m., the officers reported to Sgt.
Dorothy that they were following the Malibu after they had
seen a black male matching Kevin Connor's identifiers
drive off in the car. Tr. at 13.
Sgt. Palmer also communicated by radio with Officers King and
Oakes about the Malibu's movements. Tr. at 82, 103.
Sgt. Palmer - who was in an unmarked patrol car - parked in