U.S. v. Logan
| Citation | 241 F.Supp.2d 1164 |
| Decision Date | 16 October 2002 |
| Docket Number | No. 02-40051-02-SAC.,No. 02-40051-03-SAC.,No. 02-40051-01-SAC.,02-40051-01-SAC.,02-40051-02-SAC.,02-40051-03-SAC. |
| Parties | UNITED STATES of America, Plaintiff, v. Nic T. LOGAN, Wendy J. Darnall and Bennie U. Reed, Defendants. |
| Court | U.S. District Court — District of Kansas |
Marilyn M. Trubey, David J. Phillips, Office of Federal Public Defender, Topeka, KS, for defendant.
This case comes before the court on the defendant Bennie U. Reed's following pretrial motions: Motion for Bill of Particulars (Dk.51) and Motion to Suppress Evidence (Dk.53); and on the defendant Wendy Darnall's Motion to Suppress Evidence (Dk.57); and on the defendant Nic T. Logan's following pretrial motions: Motion to Suppress Statement (Dk.59); Motion to Suppress Evidence (Dk.60); Motion to Compel Discovery Regarding Informant (Dk.62); and Motion for Bill of Particulars (Dk.64). The government has filed a consolidated response addressing all of the defendant's motions. (Dk.69). On July 11, 2002, the court heard evidence on the motions to suppress as well as counsels' arguments on all motions. Having reviewed all matters submitted and researched the law relevant to these issues, the court is ready to rule.
On April 23, 2002, the grand jury returned a three-count sealed indictment against the defendants Nic Logan, Wendy Darnall and Bennie Reed. Count one charges Logan and Darnall with a conspiracy beginning sometime before January 11, 2002, and continuing through January 11, 2002, to manufacture more than 500 grams of methamphetamine in violation of 21 U.S.C. § 846 with reference to 21 U.S.C. §§ 841(a) and 841(b)(1)(A). Count two charges Logan and Darnall with attempted manufacture of more than 500 grams of methamphetamine on or about January 11, 2002, in violation of 21 U.S.C. §§ 841(a) and 841(b)(1)(A). Count three charges Logan and Reed with a conspiracy beginning sometime after December 14, 2001, and continuing through January 14, 2002, to possess the listed chemical of ephedrine and pseudoephedrine knowing or having reasonable cause to believe this chemical would be used to manufacture methamphetamine in violation of 21 U.S.C. § 841(c)(2).
On January 10, 2002, Kansas Bureau of Investigation ("KBI") Special Agent Jeff Brandau spoke with Detective Jerry Green of the Jefferson County Sheriffs Office concerning information he had received from a confidential informant about Nic Logan's involvement in the manufacture of methamphetamine and Logan's anticipated purchase of a large number of pseudoephedrine tablets. Around 4:40 a.m. on January 11, 2002, Detective Green telephoned Agent Brandau and said that during the early morning hours unknown assailants had attacked and beaten Nic Logan in his residence and that Logan was being medically treated at Stormont-Vail Hospital in Topeka. Agent Brandau arrived at the Logan residence sometime after 5:00 a.m. and met with Detective Green and Hal Logan, Nic's father and owner of the home where both Nic and he lived. Hal Logan had no knowledge of the aggravated battery or robbery and wanted to know the condition of his son. Detective Green explained that the incident had allegedly occurred in the basement. Hal Logan told the officers they were free to look and check about the residence and did not limit the areas where they could search. Hal Logan did not say or indicate anything that would suggest he lacked authority to consent to a search of any part of the house and basement.
Hal Logan remained upstairs while Detective Green led Agent Brandau downstairs where they saw a significant amount of blood splattered on the floor. The officers followed the trail of blood drops that led to a bedroom. Agent Brandau pushed open the unlocked bedroom door and observed what appeared to be chemicals and items used in the manufacture of methamphetamine. Agent Brandau shut the door and instructed Detective Green to secure the residence while he obtained a search warrant.
Prior to that morning, Agent Brandau had already prepared a portion of the search warrant affidavit based on information he had received from a confidential informant ("CI"). As set out in the affidavit, Agent Brandau had arrested the CI two years ago on felony drug charges, and the CI recently had been arrested on more felony charges and wanted to assist law enforcement. Brandau began working in October of 2001 with the CI who provided reliable information on three subsequent occasions leading to the arrest of individuals and seizure of evidence related to the manufacture of methamphetamine. The CI told Agent Brandau about a Nic Logan who was a significant manufacturer of methamphetamine and lived in rural Jefferson County, Kansas, and the CI disclosed that additional information could be obtained as to when Logan would be manufacturing methamphetamine. Around 5:00 p.m. on January 10, 2002, Agent Brandau receiving a telephone call from the CI who had observed a five-gallon container of anhydrous ammonia several hours earlier at Logan's residence and had learned Logan would be purchasing 1,500 boxes of pseudoephedrine tablets and manufacturing the tablets into methamphetamine later that same day. Agent Brandau added to the search warrant affidavit what he had observed in Logan's bedroom, that is, glassware and liquids commonly used in the manufacture of methamphetamine. The issuing judge signed the search warrant on January 11, 2002 at 9:10 a.m.
Around 4:00 a.m. on January 11, 2002, Captain Randy Carreno of the Jefferson County Sheriffs Department received a telephone call from his sergeant and learned that Nic Logan had been battered and was being medically treated for those injuries. Captain Carreno arrived at Stormont-Vail hospital around 5:51 a.m. and learned that Logan's injuries were not lifethreatening. He initially spoke with Logan in the emergency room where he was receiving medical care for injuries to his head, back and shoulder. The Captain found Logan to be coherent and capable of understanding questions and providing intelligible and complete responses.
Hospital personnel gave Captain Carreno a description of the vehicle, a PT Cruiser, which brought Logan to the hospital. Shortly before 7:00 a.m., KBI Special Agent Patti Bottorf telephoned Carreno with instructions to seize the PT Cruiser. Captain Carreno positioned his patrol car so as to prevent the PT Cruiser from leaving, photographed it, and placed evidence tape on it. He arranged for a tow truck to take the car to the Sheriffs Department's impoundment lot. Senior Special Agent Douglass Jorgensen with the KBI was in the parking lot with Captain Carreno and observed that the front passenger seat of the PT Cruiser was covered with blood. Agent Jorgensen confirmed the decision to seize the car as containing evidence relevant to the battery. The amount of blood was evidence of the extent of injury, and it was not known whether any part of the battery occurred inside the car and whether the assailant's blood might also be found there. There also was suspicion that the cardboard boxes in the backseat may contain pseudoephedrine tablets.
Captain Carreno had been told that Wendy Darnall transported Logan to the hospital. When Ms. Darnall returned to the hospital to check on Logan, Captain Carreno came into contact with Ms. Darnall about 8:20 a.m. Upon learning that Logan was about to be released from the hospital and upon telling Ms. Darnall that their car had been seized, the Captain told Ms. Darnall he was headed back to Jefferson County and asked her if she needed a ride back to her residence. Captain Carreno explained that he first would be required to follow their seized vehicle for a period and then he would take her home. Ms. Darnall accepted the Captain's offer for a ride. While sitting together in the patrol car at the hospital, Captain Carreno asked Ms. Darnall about the circumstances leading to the aggravated battery on Mr. Logan. She told the Captain that two men had broken into the residence and that she had been hit with a baseball bat on her shoulder and her leg as she was fleeing the bathroom. She described the assailants, what they had said, and what they had done to Mr. Logan. Around this same time, Ms. Barbara Katt arrived at the hospital and gave the keys to the PT Cruiser to Ms. Darnall who then turned the keys over to the Captain.
Captain Carreno followed the towed car as far as a convenience store, Petro and Pantry, where Deputy Clay McCarty took over control and impoundment of the car. Ms. Darnall visited the restroom in the convenience store, and Captain Carreno followed her into the store purchasing some coffee and tissue. They exited the store and climbed into their respective seats in the patrol car. Darnall was sitting in the front passenger seat, and Captain Carreno considered her free to leave at any time and free to refuse his questions. At this point, Captain Carreno told Ms. Darnall that he had information indicating she knew why KB I agents were at her residence and that he would like to ask her some questions so that she could tell him what she might know. Ms. Darnall asked, "Is Nic talking?" Captain Carreno said he was unsure whether Mr. Logan was cooperating.
Ms. Darnall then agreed to speak with the Captain and immediately began telling him what they would find at her place. Carreno stopped Darnall and read her the Miranda warning and had her execute a waiver of rights form. Ms. Darnall told the Captain that she could read and write, was not taking medication, but had used methamphetamine shortly before the aggravated battery but did not believe it was still in her system. Captain Carreno testified that Ms. Darnall appeared coherent and able to understand everything that was happening. In the convenience store parking lot, Captain Carreno gave paper and pen to Ms. Darnall who wrote a fivepage narrative disclosing...
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