United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION
T. Maughmer United States Magistrate Judge.
pending before the Court are Defendant's Motion to
Suppress Physical Evidence [Doc. 38] and Defendant's
Motion to Suppress Statements [Doc. 39], filed by defendant
Pamela Alloway (“Alloway”) on April 8, 2019. On
June 24 and September 9, 2019, the undersigned held
evidentiary hearings on Alloway's motions. Alloway was
present for both hearings and was represented by her counsel,
Kent Gipson. The government was represented by Assistant
United States Attorney Robert Smith. At the hearings,
testimony was provided by Alloway as well as Travis
Cochenour, Ronald Long, and Jeremiah Bragg with the Nodaway
County (Mo.) Sheriff's Office. Additionally, the
following exhibits were admitted into evidence
Search warrant affidavits
Body cam footage
basis of all the evidence adduced at the evidentiary hearing,
the undersigned recommends denial of Alloway's motions
and submits the following proposed findings of facts and
proposed conclusions of law.
FINDINGS OF FACT 
April of 2018, Travis Cochenour and Jeremiah Bragg were road
deputies with the Nodaway County, Missouri Sheriff's
Office. Tr. (I) at 3-4.
April of 2018, Ronald Long was a sergeant detective with the
Nodaway County, Missouri Sheriff's Office. Tr. (I) at 21,
April 1, 2018, Dep. Cochenour and Dep. Bragg were dispatched
to the residence at 24794 350th Street in Barnard,
Missouri, to assist Jennifer Rhoderic - an investigator with
the Missouri Division of Family Services (“DFS”)
- who was performing a welfare check at the address based on
a hotline call. Tr. (I) at 4-6, Tr. (II) at 5-6, 13-14, 47.
Prior to arriving at the address, Ms. Rhoderic briefed the
two deputies. Tr. (I) at 6.
According to Ms. Rhoderic there was an allegation of drug
activity in the home, verbal abuse of children, the presence
of weapons, and that both adults living at the house were
convicted felons. Tr. (II) at 18-19, 49.
arriving at the 350th Street address at 10:36
p.m., the two deputies and Ms. Rhoderic knocked on the front
door and Alloway answered. Tr. (I) at 6, Tr. (II) at 19, 24.
Rhoderic told Alloway that DFS had received some allegations
and she needed to speak with Alloway's children. Tr. (I)
at 6, Tr. (II) at 25, 51, 59.
Alloway invited the two deputies and Ms. Rhoderic into the
residence. Tr. (I) at 7, Tr. (II) at 25, 59.
Rhoderic and Dep. Cochenour went into the house, while Dep.
Bragg remained outside. Tr. (I) at 7.
Upon entering the house, Dep. Cochenour observed multiple
rifles (“long guns”) leaned up against a door.
Tr. (I) at 9, Tr. (II) at 30, 42.
guns were later identified as a .308 caliber Winchester
rifle, a .243 caliber rifle, and a .22 caliber rifle. Tr. (I)
About 30 to 45 minutes after Dep. Cochenour arrived at the
house, the father of Alloway's children - Richard Shane
Culp - arrived at the residence. Tr. (I) at 12.
Dep. Cochenour had a brief conversation with Mr. Culp and
learned that Mr. Culp was a convicted felon. Tr. (I) at 12,
Tr. (II) at 33.
Culp also informed Dep. Culp that he had another gun in the
safe in his bedroom. Tr. (I) at 13.
However, Mr. Culp refused to unlock his gun safe for Dep.
Cochenour. Tr. (I) at 13, II 44.
Thereafter, Dep. Cochenour placed Mr. Culp under arrest. Tr.
(I) at 13, Tr. (II) at 33.
Dep. Cochenour had Dep. Bragg come into the house and take
custody of Mr. Culp. Tr. (I) at 14.
Dep. Cochenour asked Alloway about the firearms in plain
sight and Alloway acknowledged that she knew of their
presence in the house. Tr. (II) at 6.
Dep. Cochenour asked Alloway if she had had her gun rights
restored and she said no. Tr. (II) at 68.
Alloway was placed under arrest. Tr. (II) at 6-7.
Dep. Cochenour then contacted the county prosecutor to
request a search warrant for firearms in the safe ...