U.S. v. Roberts
| Decision Date | 21 August 2008 |
| Docket Number | No. 08-40048-01-SAC.,08-40048-01-SAC. |
| Parties | UNITED STATES of America, Plaintiff, v. Rauou Luran ROBERTS, Defendant. |
| Court | U.S. District Court — District of Kansas |
Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for Plaintiff.
The case comes before the court on the defendant Rauou Luran Roberts's pretrial motion to suppress evidence including a white Lincoln Town Car, items seized from this car on May 2 and May 8, 2008, and items seized from a search of the residence at 636 Goldenbelt Blvd., Junction City, Kansas. (Dk. 16). The defendant's motion challenges that the officers lacked sufficient legal cause for stopping the car driven by him on May 2, 2008, that the officers then unlawfully searched and seized this car, that the affidavit did not provide probable cause for issuing a search warrant on the residence, that items beyond the scope of the warrant were seized from the residence, and that the later search of the white Lincoln Town Car on May 8, 2008, lacked probable cause or exigent circumstances. Having heard the parties' arguments and evidence on July 29, 2008, and having reviewed and considered the parties' supplemental filings, the court is ready to rule.
The defendant is the sole person named in the indictment that charges him with being a felon on May 2, 2008, and that he possessed ammunition as alleged in count one, and that he possessed two firearms as alleged in count two.
Even before the events occurring on May 2, 2008, the defendant Rauou Luran Roberts was well known to the police department of Junction City, Kansas, for having committed acts of violence and having possessed or being involved with firearms and controlled substances. In 2002, the defendant openly threatened to kill a deputy who had arrested him on a controlled substance violation. In 2006, the defendant was a passenger in a car which officers searched and found marijuana and large sums of cash. In February 2008, the officers received a report that the defendant had raped his girlfriend and told her he had just purchased a gun and was going to kill her. In March of 2008, officers responded to fight outside of a bar in which the defendant was one of the participants. A witness stated to officers that the defendant had told one of his associates to "go ahead and do that" and the defendant's friend then pulled a gun and fired it into the air. In April 2008, a citizen came to an officer and said the defendant had pointed a gun at him and had threatened to shoot him. Officers subsequently contacted the defendant, but no gun was found.
Sergeant Todd Godfrey and Lieutenant Michael Life with the Junction City Police Department testified they had received information prior to May 2, 2008, that the defendant was the leader of a group of persons known as "G Block" who lived at the apartment complex at the 600 block of Goldenbelt in Junction City. He was also identified as living in one of these apartments. The information indicated this group was tied with the gang-related activities of the Black Gangster Disciples who were known for wearing black clothing and bandanas. An informant described drug trafficking activity as occurring in the apartment complex's laundry room and believed the defendant to be armed.
Junction City Police Officer Nicholas Blake testified that on April 30, 2008, he was monitoring traffic for violations of the city's loud music ordinance. Blake pulled over a white Buick driven by the defendant for a violation of this ordinance. Because the defendant refused to sign the notice to appear for the ticket, Blake arrested him and had the defendant booked into jail. During this stop, Blake saw the defendant point his cell phone at Blake's patrol car as if photographing the patrol car. On May 1, 2008, Officer Blake stopped a car driven by the defendant's brother and issued a ticket for loud music. The defendant's brother signed the notice to appear.
On May 2, 2008, around 5:45 p.m., Officer Blake was at his personal residence when he looked out his front window and saw the defendant walking up his driveway toward his home. The defendant was wearing dark pants, a dark shirt, and a dark bandana around his neck. The bandana was tied around the defendant's neck and worn so that it could be easily pulled up over the defendant's face. Upon seeing the defendant, Officer Blake immediately escorted his wife and son to the basement locking the doors behind them. Blake explained his actions as taken out of fear for his family's safety based upon the defendant's history and the absence of any known reason for the defendant to visit his home. In the basement, Blake located his off-duty weapon and took it with him back upstairs. Blake heard knocking at the front door, but he remained in the kitchen and decided against answering the door. Blake observed the defendant walk away from the house and stop at his patrol car which was parked on the street in front of the officer's home. The defendant peered through the patrol car's windows. The defendant then walked to a white Lincoln Town Car which was parked in front of the neighbor's house to the east. The defendant drove away in the car.
Within the next hour,1 the defendant went to the Junction City Police Department. Using the name of "Marvin Roberts," the defendant identified himself as a "good friend" of Officer Blake and asked a dispatch officer whether Blake was working. Dispatch told the defendant they were unsure of Blake's status but would page the building. When dispatch returned to inform the defendant that Blake was not in the building, the defendant had already left.
Detective Michael Life with the Junction City Police Department learned of the defendant's recent efforts to locate and make contact with Officer Blake. Considering these recent efforts in light of what he knew about the defendant's past and current criminal activities, Detective Life directed officers to contact the defendant about going to Officer Blake's residence. At the hearing, Sergeant Godfrey opined that there was probable cause to believe the defendant had gone to Blake's house with ill intent.
Surveillance was set up immediately on the residence at 636 Goldenbelt2 which was the place of residence given by the defendant in a traffic stop on April 29, 2008. Officers observed the white Lincoln Town Car parked in front of the apartment complex. Because the apartment complex is located on a frontage road near the interstate highway, a person leaving it must travel east or west for some distance before gaining access to other roads. Officers were stationed in nearby parking lots east and west of the apartment complex.
Around 7:50 p.m., the defendant and a woman were seen leaving the apartments and driving away in the white car. They headed west on the frontage road. The defendant drove past marked patrol units and an unmarked car parked in a nearby car sales lot. Though the officers immediately began following the defendant, they quickly lost sight of his car as the defendant began driving in excess of the speed limit. Sergeant Godfrey who was driving one of the police vehicles testified that he believed the defendant was trying to elude the officers. Other units eventually spotted the defendant's car driving away from Junction City on county roads. At some point, Sergeant Godfrey saw the defendant driving recklessly on the county roads. The car was "fish tailing" on the gravel roads and in one turn spun sideways to the point that Godfrey saw the headlights and the front of the car.
Officers eventually stopped the defendant on a gravel road approximately a quarter of a mile from a dead end. Officers asked the defendant his reason for going to Officer Blake's home. The defendant told officers he had only wanted to tell Officer Blake of the officer's mistake in putting the wrong date on the notice to appear.
A canine patrol officer, Timothy Schmidt, received a call for assistance at the traffic stop. He testified that when he came upon the scene he observed the driver and passenger were not in the stopped vehicle but had been "secured" in a police vehicle. There were three officers already present when Schmidt arrived, and more officers, including Sergeant Godfrey, came later. Officer Schmidt's drug detection dog gave a positive alert during the first walk around the outside of the stopped car. On the second time around the car, the dog jumped inside it and began clawing at the purse.
Sergeant Godfrey testified that upon approaching the white Lincoln he could detect the odor of burnt marijuana. He also learned that the dog had given a positive alert. Godfrey testified that he believed the defendant was handcuffed and standing at the right rear of the stopped car when he arrived. It was believed that a weapon might be in the car. The car was searched, and officers found a marijuana blunt on the passenger floor board, two marijuana seeds on the driver's side floor board, marijuana residue in the ashtray, and marijuana in the passenger's purse.
That same evening, Lieutenant Michael Life prepared a search warrant affidavit for the residence at 636 Goldenbelt. Before taking the affidavit and application to the issuing judge, Lieutenant Life had it reviewed by the assistant district attorney who suggested adding the next to last paragraph. Life testified that based on his years of experience and on the advice of the assistant district attorney, he believed the affidavit provided probable cause for issuance of a search warrant. Life denied intentionally leaving out or misrepresenting any material fact. Life explained that he did omit inculpatory information received from a confidential informant because of an ongoing investigation.
The warrant was issued at 11:00 p.m. on May 2, 2008, and officers immediately executed it. During the search, they...
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