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United States v. Crosdale

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

September 24, 2019

United States of America, Plaintiff,
v.
Rashidi Crosdale, Defendant.

          REPORT AND RECOMMENDATION

          John T. Maughmer, United States Magistrate Judge.

         Pending 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:

Number

Description

Gov't. #1

Aerial map

Gov't. #2-8

Photographs

Gov't. #9

KCPD Tow Policy

Gov't. #10

Collision diagram

Gov't. #11

Consent to search

Gov't. #12-19

Photographs

Gov't. #20

Miranda waiver

         On the basis of all the evidence adduced at the evidentiary hearing, the undersigned submits the following:

         PROPOSED FINDINGS OF FACT [1]

         1. In 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.

         2. On 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.

         3. 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.

         4. 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.

         5. 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.

         6. Sgt. 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.

         7. 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, 59.

         8. Sgt. 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.

         9. On 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.

         10. 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.

         11. At 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.

         12. The 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.

         13. The black male was accompanied by a female juvenile. Tr. at 79.

         14. Sgt. Palmer began following the Malibu. Tr. at 80, 94.

         15. 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.

         16. At 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.

         17. Sgt. Palmer also communicated by radio with Officers King and Oakes about the Malibu's movements. Tr. at 82, 103.

         18. Sgt. Palmer - who was in an unmarked patrol car - parked in the ...


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