U.S. v. Beckwith

• Decision Date: 23 September 1998
• Docket Number: No. 2:97 CR 176K.,2:97 CR 176K.
• Citation: 22 F.Supp.2d 1270
• Parties: UNITED STATES of America, Plaintiff, v. Randy Lee BECKWITH, Defendant.
• Court: U.S. District Court — District of Utah

22 F.Supp.2d 1270

UNITED STATES of America, Plaintiff, v. Randy Lee BECKWITH, Defendant.

No. 2:97 CR 176K.

United States District Court, D. Utah, Central Division.

September 23, 1998.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Randy Lee Beckwith, Salt Lake City, UT, pro se.

Herschel P. Bullen, Salt Lake City, UT, for Randy Lee Beckwith.

Laurie J. Sartorio, U.S. Attorneys Office — Utah, for U.S.

ORDER AFFIRMING REPORT & RECOMMENDATION

KIMBALL, District Judge.

This matter was referred to Magistrate Ronald N. Boyce pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Boyce issued a Report and Recommendation, dated August 7, 1998. Defendant Beckwith filed objections to the Report and Recommendation on August 19, 1998. The United States similarly filed objections on August 20, 1998. Defendant then filed a response to the United States' objections on August 26, 1998.

Having reviewed and analyzed the Report and Recommendation and the objections and responses of the parties, this Court finds no merit to either parties' objections. Accordingly, this Court approves the Magistrate Judge's Report and Recommendation in all its particulars and adopts it as the Court's own Order.

REPORT & RECOMMENDATION

BOYCE, United States Magistrate Judge.

The defendant, Randy Lee Beckwith, has been indicted and charged with one count of armed bank robbery (18 U.S.C. § 2113(a) & (d)) and one count of use of a firearm in relation to a crime of violence, the bank robbery (18 U.S.C. § 924(c)(1)). The offenses were allegedly committed in Salt Lake City, Utah on August 27, 1996 (File Entry # 1).

The defendant made a motion to suppress evidence, alleging his arrest in Denver, Colorado on or about August 30, 1996, was illegal and that evidence taken from him and statements obtained from him should be suppressed (File Entry # 28). Defendant filed a second similar motion to suppress (File Entry # 29).

The United States made a preliminary response to the defendant's motions (File Entry # 34). The defendant submitted a supplemental memorandum and another memorandum was submitted and filed seeking suppression of a statement defendant allegedly made to FBI Agent Castro in the Denver County Jail (File Entry # 58).

An initial hearing on the motions to suppress was held on January 14, 1998 (File Entry # 61). A second hearing was held on January 23, 1998. Post hearing briefs were requested. The defendant submitted a post hearing memorandum on March 19, 1998 (File Entries #'s 83 & 85). The United States submitted its post hearing memorandum received by the Magistrate Judge on May 5, 1998. The defendant submitted a reply memorandum on May 19, 1998 (File Entry # 96). The reply was received by the Magistrate Judge on May 26, 1998. A final argument was held on June 9, 1998. Additional memorandum were submitted. Defendant's last memorandum was submitted on July 13, 1998.

The case has been referred to the magistrate judge under 28 U.S.C. 636(b)(1)(B). This report and recommendation is submitted pursuant to the reference on the defendant's motion to suppress evidence on Fourth and Fifth Amendment grounds.

Evidence

The initial hearing on this motion was held on January 14, 1998. At that time, Officer Wayne C. Depew, a police officer with the City and County of Denver, testified. He had been an officer for twenty seven (27) years (Tr. p. 6). On August 30, 1996 Officer Depew was working as a patrolman with the Denver Police Department (Tr. p. 7). He was assigned to District Six, the lower downtown area with lower income housing areas. It was considered a high crime area, with a large volume of narcotics activity. The officer was also engaged in narcotics efforts. As a uniformed officer he would make arrests in "buy/bust operations" by narcotics detectives (Tr. p. 8).

On August 30, 1996 a vehicle stop was made of a driver named Dale Robbins. The vehicle was a four door silver Nissen. The vehicle was in bad shape. The back window was out, with a plastic cover, it had California plates. The vehicle was in a "signed left turn lane from Broadway Southbound." The vehicle had to make a left turn onto 21st Street. The vehicle came out of the lane and crossed back into the lane of traffic. The driving action violated the Denver City Code by violating a designated lane assignment. The vehicle failed to turn and returned to the traffic. There was another officer along with Depew who was driving the police vehicle and that officer, Bloodworth, mentioned the driving violation and the officers pulled in behind the vehicle to stop it. At that time they also noticed that the California license plate had expired (Tr. pp. 8-10). Officer Henry Bloodworth was the officer driving the vehicle and Depew informed Bloodworth of the driving violation.

The defendant's vehicle was pulled to the curb (Tr. pp. 10-11). Officer Bloodworth approached the driver, Depew went to the passenger side for safety reasons. Depew observed that the vehicle's back window was out. In the rear of the vehicle was numerous articles of clothing suggesting people were living in the vehicle (Tr. p. 12). He noticed a bottle of Chlorox bleach and discolored rags with a red substance. Depew could not hear the conversation between Officer Bloodworth and the driver. Depew initiated a conversation with the passenger (Tr. p. 12). The defendant Randy Lee Beckwith was the passenger. The officer asked Beckwith for his name. Beckwith stated he had no "I.D." on him. The officer then asked Beckwith to exit the vehicle, which he did. A pat down was conducted but nothing was found (Tr. p. 13). Defendant seemed nervous while talking to the officer. Defendant gave the officer the name of Christopher Ayer with a date of birth of September 8, 1956. Because of the out of state plates, the officer asked defendant where he was staying and he said a motel on South Broadway in Denver, but could not give a name of the motel or its address. The officer wanted the information for a field card contact (Tr. pp. 14-15). Defendant said he just met the driver. The officer asked defendant to get back in the vehicle after the officer had obtained the information he had sought (Tr. p. 15).

Officer Depew than walked around to the driver's side of the vehicle where Officer Bloodworth was talking to the driver (Tr. pp. 15-16). Officer Depew asked the driver the name of the passenger and the driver said "Randy" and he said he didn't know his last name. The driver said he'd met the passenger a couple of days before. The driver did not know the name or address of the motel where the two were staying but said it was on South Broadway.

Because the passenger said his name was Christopher and the driver said it was Randy and based on the passenger's behavior Officer Depew believed the passenger had lied to the officer about the passenger's name and the officer had a right to make an arrest (Tr. pp. 16-17). The officer went around to the passenger and told him he was under arrest. The defendant asked what for and the officer told him that the driver said his name was Randy. Defendant finally gave the officer the name of Randy Beckwith (Tr. p. 17). Defendant was taken out of the vehicle, told he was under arrest and then defendant was told what the driver had said. The arrest was based on a Denver City ordinance, a misdemeanor (Tr. p. 17). Defendant was handcuffed, patted down and a large quantity of cash was found in defendant's front pant's pocket. Twenty dollar bills were found which appeared discolored with red dye on them. The officer put the money in defendant's shirt pocket (Tr. p. 18). In another pocket a small amount of what appeared to be black tar heroin was found (Tr. p. 19). This was a felony narcotics violation (Id.). When the officer was placing defendant in the car, he noticed defendant make a motion with his leg and the officer observed a brown wallet lying on the concrete in the gutter. The officer picked it up. It was bulging with twenty dollar bills. It contained a California driver's license and "ID" in the name of Randy Beckwith. It also contained a photograph of defendant (Tr. pp. 19-20). The officer gave defendant his wallet but kept the "ID." The officer did not, at that time, suspect defendant as being involved in a bank robbery (Tr. p. 20).

In the police car, on the way to police headquarters, Officer Depew gave the defendant a Miranda¹ warning, which defendant said he understood (Tr. p. 21). During the ride to the police station, defendant was moving about quite a bit and this raised the officer's suspicion. The officer took defendant's wallet out of his pants from where defendant was attempting to remove it. The officer put the wallet in defendant's shirt pocket. During the ride to police headquarters, defendant said he would like to help the police and would make drug buys in the area (Tr. p. 21). On arrival at the police station, because of what defendant had said, he was taken to the vice bureau to meet with the narcotics detectives. Defendant was placed in a holding cell (Tr. pp. 21-22). The officer observed a large amount of cash on the floor of the cell. Apparently it was the money that had been put in defendant's shirt pocket, which now didn't have any cash in it. Defendant was trying to push the money under a bench (Tr. p. 23).

The traffic stop of the vehicle and defendant was routine (Tr. p. 28). The driver was cited for a no insurance, and expired plates. Officer Bloodworth gave the driver a break and did not charge the lane violation (Tr. p. 28). The driver's name was Robbins (Tr. p. 31). When defendant said his name was Christopher Ayer, the officer suspected that he was lying (Tr. pp. 31-32). No middle name was given by defendant when he first gave the name of Christopher Ayer to Officer Depew (Tr. p. 33). Prior to defendant's arrest he was free to leave, he could have gotten out of the vehicle and left (Tr. p. 35). The officer did not inform Beckwith of that fact (Tr. p. 35).

After defendant...