United States v. Miller

• Docket Number: 22-CR-00080-BCW
• Decision Date: 01 December 2023
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. ALONZO MILLER, Defendant.
• Court: U.S. District Court — Western District of Missouri

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UNITED STATES OF AMERICA, Plaintiff, v. ALONZO MILLER, Defendant.

No. 22-CR-00080-BCW

United States District Court, W.D. Missouri, Western Division

December 1, 2023

REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO SUPPRESS

JILL A. MORRIS UNITED STATES MAGISTRATE JUDGE

Before the Court is Defendant's Motion to Suppress all evidence and incriminating statements obtained as a result of his alleged illegal detention and subsequent arrest which took place on January 10, 2022. (Doc. 22) For the reasons discussed below, Defendant's motion should be denied.

I. INTRODUCTION

On April 5, 2022, the Grand Jury returned an Indictment charging Defendant with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (Doc. 1) On August 4, 2023, Defendant filed the instant motion to suppress. (Doc. 22) The Government filed its suggestions in opposition on August 18, 2023. (Doc. 25) Defendant replied on September 1, 2023. (Doc. 26) The Government filed a supplemental brief in opposition on September 11, 2023. (Doc. 37) Defendant replied on September 14, 2023. (Doc. 39) An evidentiary hearing was held on September 15, 2023, with all parties and counsel appearing in person. The Government appeared by Assistant United States Attorney William Alford, III. Defendant was present represented by Angela Williams and Marc Ermine, Assistant Federal Public Defenders. The Government called Officers Stephen Justin and Daniel Trainor of the Kansas City, Missouri, Police Department, to testify. The following exhibits were admitted into evidence:

Government's Exhibit 1: Officer Stephen Justin's entire body camera video of the traffic stop of the defendant on 01/10/22 [MILL_00000390];

Government's Exhibit 2: Excerpts of Officer Stephen Justin's body camera video of the traffic stop of the defendant on 01/10/22 [MILL_00000390];

Government's Exhibit 3: Officer Daniel Trainor's entire body camera video of the traffic stop of the defendant on 01/10/22 [MILL_00000479];

Government's Exhibit 4: Excerpts of Officer Daniel Trainor's body camera video of the traffic stop of the defendant on 01/10/22 [MILL_00000479];

Government's Exhibit 5: Entire dash camera video from the patrol vehicle during the traffic stop of the defendant on 01/10/22 [MILL_00000149];

Government's Exhibit 6: Excerpt of dash camera video from the patrol vehicle during the traffic stop of the defendant on 01/10/22 [MILL_00000149];

Government's Exhibit 7: Traffic citations related to the traffic stop of the defendant on 01/10/22; and

Government's Exhibit 8: The defendant's conditions of parole that were in effect on 01/10/22.

II. FINDINGS OF FACT

On the basis of the evidence presented at the suppression hearing, the undersigned submits the following proposed findings of fact:

1. Stephen Justin is a patrol officer with the Kansas City, Missouri, Police Department. (Tr. at 7-8) In his capacity as a patrol officer, Officer Justin responds to emergency and nonemergency 911 calls and engages in self-initiated proactive work. (Tr. at 8)

2. Officer Justin's partner is Officer Daniel Trainor. (Tr. at 11) Daniel Trainor is a patrol officer with the Kansas City, Missouri, Police Department. (Tr. at 44, 94-95) As a patrol officer, Officer Trainor answers calls for service and conducts stops. (Tr. at 94) 3. On the night of January 10, 2022, at approximately 12:25 a.m., Officers Justin and Trainor, while on duty, initiated contact with Defendant as part of a traffic stop of an older model black Dodge Dakota. (Tr. at 8, 11, 95-97; Gvt. Exh. 1 at 00:45) Upon observing the vehicle's nonfunctioning front headlight, Officer Justin, operating a marked patrol vehicle equipped with emergency lights and sirens, activated these lights to signal Defendant's vehicle to pull over. (Tr. at 11, 39) The stop took place at the intersection of 13th and Indiana, situated within a residential neighborhood with minimal traffic, in Kansas City, Missouri, in the Western District of Missouri. (Tr. at 10, 96-97) The Officers also observed that the vehicle's tags were expired. (Tr. at 11, 97)

4. Officer Justin exited his vehicle, approached the vehicle, and established contact with the driver. (Tr. at 11-12; Gov. Exh. 1 at 1:38) Officer Justin introduced himself, disclosed his law enforcement agency, and explained the basis for the traffic stop. (Tr. at 12; Gov. Exh. 1 at 1:39) The vehicle contained two occupants, the driver and the passenger. (Tr. at 12, 97) As the cover officer, Officer Trainor positioned himself on the opposite side of the vehicle, engaging with the passenger. (Tr. at 12, 97-98)

5. Following Officer Justin's initial identification, Defendant conveyed that the vehicle belonged to Cedric Woods. (Tr. at 13, 44; Gov. Exh. 1 at 1:46-1:51) Officer Justin recognized the name, as he had encountered Mr. Woods during one or two previous traffic stops in the vicinity of Independence. (Tr. at 13)

6. Officer Justin requested the driver's license, proof of insurance, and ownership information pertaining to the vehicle. (Tr. at 12; Gov. Exh. 1 at 1:57) The driver presented his driver's license, but he was unable to furnish proof of insurance. (Tr. at 12, 16) He again stated that he did not own the vehicle. (Tr. at 12) The driver's license provided to Officer Justin bore the name of Alonzo Miller, who is the defendant in this case. (Tr. at 12)

7. Officer Justin testified that while interacting with Defendant, Defendant displayed noticeable signs of nervousness. (Tr. at 13, 33, 80) These signs included widened eyes and dilated pupils. (Tr. at 13) Defendant's hands also trembled, he frequently scanned the interior of the car, and he ashed on himself while smoking a cigarette. (Tr. at 13, 33; Gov. Exh. 1 at 2:01:07-2:38) Officer Justin testified that such behavior is a potential indicator of illegal activities. (Tr. at 13, 80-81)

8. Officer Justin inquired about Defendant's point of origin. (Tr. at 13-14; Gov. Exh. 1 at 2:38) Defendant disclosed that he had come from 3214 St. John Avenue, located in Kansas City, Missouri. (Tr. at 13-14; Gov. Exh. 1 at 2:39) Both Officer Justin and Officer Trainor possessed firsthand knowledge of this address, having responded to multiple service calls at that location and the adjacent apartment complexes. (Tr. at 14, 103, 112) Office Justin testified that this address had garnered a reputation for being associated with various unlawful activities, including but not limited to acts of violence, prostitution, drug-related incidents, and the trafficking of stolen property. (Tr. at 14, 82) Defendant's association with this particular address held significant investigative relevance to the officers, given that individuals departing from such a location may be participating in these illegal activities. (Tr. at 14, 82-83, 111)

9. The late hour and chilly weather were also of investigative significance to Officer Justin because, typically in such frigid and late-night conditions, the majority of individuals would be indoors or engaged in activities more fitting for that time and it was uncommon for people to be outside under such cold and late circumstances. (Tr. at 14-15)

10. The passenger of the vehicle was a female. (Tr. at 15) Officer Justin testified that based on his training and experience, combined with Defendant's originating location, the time of night, prevailing weather conditions, and the sizeable age difference, he suspected the passenger may be involved in prostitution. (Tr. at 15, 81-82) Officer Justin further testified that encounters with individuals engaged in prostitution frequently revealed compensation methods involving either money or drugs. (Tr. at 15-16, 84) Officer Justin did not mention this suspicion to others later. (Tr at 59, 84-85)

11. Following this initial encounter, Officer Justin and Officer Trainor returned to their patrol vehicle to perform a computer check on both Defendant and the passenger to ascertain the validity of Defendant's driving status and to confirm the vehicle's legal ownership status. (Tr. at 16-17, 103, 121; Gov. Exh. 2 at 2:17) They executed this by querying the Vehicle Identification Number (VIN) against the MULES database. (Tr. at 16-17) The MULES database encompasses Department of Revenue records, revealing essential information on warrants, individual drivers licenses and other pertinent details. (Tr. at 16-17, 104-105)

12. During this period, Officer Trainor relayed to Officer Justin (but not to others later) that he believed the person in the passenger seat was a prostitute, which was consistent with what Officer Justin had believed about the passenger. (Tr. at 17, 99, 103-104, 122-123, 127-128, 131; Gov. Exh. 1 at 3:38)

13. The MULES database did not yield any pertinent information regarding the passenger's criminal background. (Tr. at 17) However, the MULES query did yield results concerning Defendant, revealing that Defendant was currently under probation and parole supervision for a serious violent offense, specifically, a second-degree assault felony, coupled with a firearm-related offense linked to the same incident. (Tr. at 17-18, 104; Gov. Exh. 8) 14. Officer Justin's testimony emphasized the importance of the MULES results in conjunction with Defendant's evident nervousness and interactions, the area Defendant came from, the area where he was pulled over, the weather, and the late-night context. (Tr. at 17-18, 85) Based on these factors, Officer Justin developed the belief that Defendant might be in possession of a weapon within the vehicle or potentially carrying illegal substances, such as drugs. (Tr. at 17-18, 85)

15. Based upon Officer Justin's training and experience, he believed that Defendant's demeanor, particularly the presence of dilated pupils,...