688 F.3d 339 (8th Cir. 2012), 11-3599, United States v. Anderson

Docket Nº:11-3599.
Citation:688 F.3d 339
Opinion Judge:BYE, Circuit Judge.
Party Name:UNITED STATES of America, Appellee, v. Johun L. ANDERSON, Appellant.
Attorney:John G. Gromowsky, The Gromowsky Law Firm, LLC, Kansas City, MO, argued, for appellant. Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (David M. Ketchmark, Acting U.S. Atty., on the brief), for appellee.
Judge Panel:Before BYE, BEAM, and SMITH, Circuit Judges.
Case Date:August 01, 2012
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 339

688 F.3d 339 (8th Cir. 2012)

UNITED STATES of America, Appellee,

v.

Johun L. ANDERSON, Appellant.

No. 11-3599.

United States Court of Appeals, Eighth Circuit.

August 1, 2012

Submitted: June 13, 2012.

Rehearing and Rehearing En Banc Denied Sept. 6, 2012.

Page 340

[Copyrighted Material Omitted]

Page 341

John G. Gromowsky, The Gromowsky Law Firm, LLC, Kansas City, MO, argued, for appellant.

Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (David M. Ketchmark, Acting U.S. Atty., on the brief), for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Johun L. Anderson appeals the district court's 1 denial of his motion to suppress drugs and weapons found in an apartment he entered after fleeing from police during a " buy/bust" operation. Anderson entered a conditional guilty plea to (1) possession with intent to distribute five grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and (2) possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). Exercising his reserved right to appeal the suppression ruling, Anderson argues the actions by law enforcement officers during the " buy/bust" operation violated his Fourth Amendment rights and tainted the search warrant affidavit used to seize the drugs and weapons from the apartment. We affirm.

I

On August 21, 2008, Manuel Anchondo, an undercover detective with the Kansas City, Missouri, Police Department's Street Narcotics Unit (" SNU" ), arranged to purchase cocaine base from Dion Brown in the approximate area of Ninth and Gladstone. Brown instructed Anchondo to call upon arrival. Anchondo had made two prior purchases of cocaine base from Brown, and he had obtained Brown's telephone number after the initial purchase. Anchondo called Brown when he arrived. Shortly

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after, Anderson exited an apartment at 815 1/2 Gladstone and approached the detective's undercover vehicle.

Anderson entered the officer's vehicle and sold several grams of cocaine base to the detective. Anchondo then notified police surveillance crews it was a " good deal" and to " send the crews for the buy/bust." As he drove away, he observed Anderson, through his rearview mirror, walking back toward the apartment building.

Matthews Masters, a Kansas City, Missouri, police officer also assigned to the SNU, was positioned near Ninth and Gladstone with four other officers in two unmarked patrol vehicles. When they received confirmation the drug sale had occurred, Masters turned the corner and saw Anderson " standing on the sidewalk in front of the building." Masters did not witness the drug transaction, but identified Anderson by the description Anchondo had provided: a black male with braided hair, shirtless, and wearing blue bandanna-patterned slippers.

When Anderson observed the officers, he " took off running toward the common door of the apartment building." Two officers, Larry Weimhold and Justin Crump, immediately followed Anderson. Anderson proceeded to run up the stairs onto the front porch of the apartment building and entered the common door.

Weimhold and Crump pursued Anderson into the building. As Masters approached the building, he observed, through an open window, Anderson running up the stairs. Masters then saw Anderson run up the second flight of stairs and enter the north apartment unit. Because Crump and Weimhold were initially unable to determine which upstairs apartment unit Anderson had entered, they began knocking on doors and announcing, " Police," repeatedly. Masters then ascended the stairs and told the two officers that Anderson had run into the north apartment.

Masters proceeded to open a window in the hallway of the second floor, and along with Weimhold, stepped onto the balcony of the north apartment unit. When the officers looked into the north apartment, they observed two black males and a white female moving " back and forth between rooms, and it was hurried movements."

At the same time, a woman later identified as Shiloh Horn, approached the apartment building and told the officers she was the renter of the north apartment. Masters then left the balcony and explained to Horn that the officers were conducting a " buy/bust" operation and the subject had fled into her apartment. Horn responded by saying the only person who should be in her apartment was her boyfriend, later identified as Anderson. Masters asked Horn if the officers could go into her apartment, and Horn said " she was more than willing to let the officers go in and get those people out of her apartment."

Before handing the key over to Masters, Horn asked if she could call her boyfriend and see if he was inside the apartment. Horn made the call and informed Masters that...

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