US v. Faller
| Decision Date | 04 January 2010 |
| Docket Number | No. 4:09-CR-411 CEJ.,4:09-CR-411 CEJ. |
| Citation | 681 F. Supp.2d 1028 |
| Parties | UNITED STATES of America, Plaintiff, v. William A. FALLER and Brandi M. Hutchings, Defendants. |
| Court | U.S. District Court — Eastern District of Missouri |
Noelle C. Collins, Office of U.S. Attorney, St. Louis, MO, for Plaintiff.
Lenny Kagan, Clayton, MO, for Defendants.
Pursuant to 28 U.S.C. § 636(b), the Court referred all pretrial matters in this case to United States Magistrate Judge David D. Noce for determination and recommended disposition, where appropriate. On December 14, 2009, Judge Noce entered an Report and Recommendation with respect to the motions to suppress evidence and statements filed by defendants William A. Faller and Brandi M. Hutchings, and the motions for admissibility of evidence filed by the United States. No objections to the Report and Recommendation have been filed, and the deadline for doing so has passed.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge David D. Noce is sustained, adopted, and incorporated herein.
IT IS FURTHER ORDERED that the motion of defendant William A. Faller to suppress statements # 17 is granted only as to his responses to the question about the PVC tubes. The motion to suppress statements is denied in all other respects.
IT IS FURTHER ORDERED that the motion of defendant Faller to suppress evidence # 31 is denied.
IT IS FURTHER ORDERED that the motion of defendant Brandi M. Hutchings to suppress statements $20 is granted only as to her statements about the pills taken from her purse. The motion to suppress statements is denied in all other respects.
IT IS FURTHER ORDERED that the motion of defendant Hutchings to suppress evidence # 32 is denied.
IT IS FURTHER ORDERED that the motions of the United States for the admissibility of evidence # # 18, 21, 28 are denied as moot.
The pretrial motions of the parties were referred to the undersigned Magistrate Judge under 28 U.S.C. § 636(b). Hearings were held on August 14, and 27, and September 30, 2009. The parties have filed post-hearing memoranda.
Pending are the motions of the parties regarding whether certain evidence should be suppressed, Docs. 17, 18, 20, 21, 28, 31, and 32. From the evidence adduced at the hearings, the court makes the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. In September 2007, Missouri Highway Patrol Trooper Donald Crump,1 other members of the Highway Patrol, and federal Drug Enforcement Administration personnel investigated information provided by then confidential informant Danny Mannes about the actual use of two pounds of pharmaceutical (high) grade pseudoephedrine2 to manufacture methamphetamine.3 Crump had never before seen this large an amount of high quality pseudoephedrine and law enforcement officers believed that more of this high quality pseudoephedrine remained available to be used to manufacture methamphetamine. This belief fueled an ongoing investigation to locate the source of this high-grade pseudoephedrine.
2. During September 2008, Trooper Crump investigated reports that a 55-gallon drum of pharmaceutical grade pseudoephedrine was being used in the illegal manufacture of methamphetamine.
3. By September 2008, Trooper Crump had been investigating illegal drugs and narcotics for nine years. He had been trained extensively regarding, and had investigated, methamphetamine production4 and trafficking, and the cleaning up of methamphetamine labs where this controlled substance is manufactured.5 The officer's training and experience included identification of methamphetamine precursors and laboratory equipment necessary to its manufacture, and the precautions necessary for the safety of the public and law enforcement officers when investigating methamphetamine labs. The safety risks involved with methamphetamine labs were known by him to include unsafe exposure to the chemicals necessary for manufacturing methamphetamine due to their high volatility, flammability, and poisonous nature. The safety risks also involved dealing with individuals who, after consuming methamphetamine, become unsafe and unstable to deal with due to paranoia. Usually, several people are involved in the manufacture ("cooking") of methamphetamine, including the "cooker" and others used in acquiring pseudoephedrine,6 the usual key ingredient in methamphetamine. In his work, Trooper Crump has participated in the execution of several hundred search warrants, arrested over 1,000 people, and worked with several hundred cooperating individuals.
4. As of September 2008, from his training and experience, Trooper Crump knew that there are at least two methods for manufacturing methamphetamine, each using pseudoephedrine. One method involves using anhydrous ammonia and lithium. The second uses red phosphorous and black iodine. In the first method, the "cooker" (the person manufacturing the methamphetamine) soaks the pseudoephedrine in a solvent such as ether, Coleman fuel, or antifreeze fluid. Then, the binding agents are filtered from the solution and the remaining solution is distilled until a powder is formed. This process can be lengthy. The purity of the pseudoephedrine is an important factor in achieving a high level of purity of the methamphetamine product. Also, Trooper Crump was familiar with the very strong odors produced by the manufacture of and the use of methamphetamine.
5. During September 2008, while Trooper Crump and other law enforcement personnel continued to investigate the source of the high grade pseudoephedrine, a confidential source (CS) contacted Crump and told him that Christopher Bailey told CS he had a quantity of pure pharmaceutical grade pseudoephedrine. Crump was told by CS that Bailey7 said he got the pure material from William Faller who had a 55-gallon drum of the material. With this information, Crump quickly formed a plan to go to Faller's residence and engage in a "knock and talk" procedure. By this procedure the police would go to Faller's residence and in a lawful way, although without a warrant, ask for permission to search Faller's residence.8
6. On September 25, 2008, Trooper Crump and approximately seven other law enforcement officers9 met on a parking lot near DeSoto and planned their knock and talk activity. From there they drove their vehicles to William Faller's residence at 2166 Lake Park Trail10 in DeSoto, Missouri, arriving around 3:00 p.m.11 Crump parked his vehicle on the public gravel road. He and other officers entered the property on the north side and walked the short length of the driveway to a carport. The outside of the property was strewn with items, including vehicles. To the left of the carport was a mobile home residence. A recreational vehicle (RV) was parked in front of the mobile home residence. A work truck and an outbuilding shed were located nearby. In the middle of the outdoor area was a burn pile, where discarded materials were burned.
7. After entering the property, officers walked to different outdoor locations on the property. As soon as he walked onto the property, Investigator Tatamble smelled the odor of burning methamphetamine which seemed to come from the recreational vehicle. Trooper Crump saw a woman on a gravel path between the carport and the residence. He had never seen her before. Crump walked to her, explained why the officers were there, asked her who she was, and asked her if she knew where William Faller was. She identified herself as Brandi Hutchings and said that she did not know where Faller was, that she had lived there for six years, that she and Faller had been fighting, and that she was in the process of moving out.
8. Officer Crump, who was wearing plain clothes with a badge and a police shirt that bore the word "POLICE", then walked up to the mobile home residence. Other officers walked down to the RV and outbuildings to try to locate Faller. One officer stayed with Ms. Hutchings. When he reached the residence, Crump knocked on the door. At that time, Faller walked out of the recreational vehicle and was seen by Trooper Shannon Sitton. Sitton called to Crump that Faller was at the recreational vehicle. Two officers took Faller by the arms and began walking him toward Trooper Crump who had begun walking toward them. They met halfway between the residence and recreational vehicle, near a swing, a trampoline, and the burn pile.
9. In the burn pile, the officers saw a half of a partially burned Kentucky Fried Chicken bucket inside of which Officer Crump saw two unburned empty pseudoephedrine boxes. Other partially burned pseudoephedrine boxes were scattered around on the burn pile, but outside the Kentucky Fried Chicken container. Investigator Tatamble saw anhydrous ammonia tanks on the premises.
10. When they were standing at the burn pile, Trooper Crump saw that Faller was nervous and that the front pockets of his blue jeans appeared to contain something. Crump told Faller why the police were there and asked him if would not mind emptying his pockets. Faller agreed to do this and emptied his pockets on a flat surface nearby.12 Among the items Faller took from his pockets was a black flashlight, approximately two inches in length and about as wide as a nickle. Crump asked Faller whether he could examine the flashlight. Faller said Crump could do so. Crump tried to turn the flashlight on and saw that it did not light up. From his police experience, Trooper Crump believed it likely that something was secreted inside the flashlight. He then unscrewed the flashlight and found inside material he believed was methamphetamine. The material was off-white, chunky, extremely moist, and smelled strongly of ether. The condition of the methamphetamine indicated to the officer that it was...
To continue reading
Request your trial