519 F.3d 832 (8th Cir. 2008), 07-1582, United States v. Taylor

Docket Nº:07-1582.
Citation:519 F.3d 832
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Anthony Alan TAYLOR, Defendant-Appellant.
Case Date:March 27, 2008
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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519 F.3d 832 (8th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee,

v.

Anthony Alan TAYLOR, Defendant-Appellant.

No. 07-1582.

United States Court of Appeals, Eighth Circuit.

March 27, 2008

Submitted: Oct. 18, 2007.

Appeal from the United States District Court for the District of Minnesota

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Rick E. Mattox, argued, Prior Lake, MN, for Defendant-Appellant.

W. Anders Folk, U.S. Attorney's Office, argued, Minneapolis, MN, for Plaintiff-Appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

LOKEN, Chief Judge.

Anthony Alan Taylor entered a conditional plea of guilty to conspiring to distribute over five grams of cocaine base and possessing a firearm during and in furtherance of a drug trafficking crime in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846 and 18 U.S.C. § 924(c)(1)(A). He appeals the district court's1denial of his motion to suppress cocaine base and a loaded handgun seized at the time of his arrest. He argues that he was arrested without probable cause by police officers who were also guilty of outrageous government conduct. Reviewing the district court's findings of fact for clear error and its conclusions of law de novo, we affirm. See United States v. Brown, 49 F.3d 1346, 1348-49 (8th Cir. 1995) (standard of review).

I. Probable Cause to Arrest

At the suppression hearing, Minneapolis narcotics investigator Kurt Radke and police sergeant Elizabeth Dea testified for the government. Radke testified that he learned from another officer that Jerome Palmore had proposed, in exchange for leniency, that he purchase crack cocaine from a third party in a controlled buy. Radke investigated and learned from a third officer that Palmore had previously provided accurate and timely information

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that led to the seizure of drugs and a firearm. Based on this officer's confidence in Palmore's reliability, Radke met with Palmore, who offered to set up a controlled buy of crack cocaine from a supplier he called "T." Palmore described "T" and the car he drove and said that "T" was a member of the "Detroit Boys" gang. In Radke's presence, Palmore arranged in a series of phone calls to buy an ounce of crack from "T" at an Arby's restaurant in Hopkins, a Minneapolis suburb.

Sergeant Dea testified that she then drove Palmore to the Arby's parking lot. With six Minneapolis and Hopkins police vehicles positioned nearby, Palmore talked with "T" by phone from Dea's car. Palmore rejected "T's" request to...

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