US v. Singleton, 95-40076-01-SAC.

• Citation: 922 F. Supp. 1522
• Decision Date: 28 March 1996
• Docket Number: No. 95-40076-01-SAC.,95-40076-01-SAC.
• Parties: UNITED STATES of America, Plaintiff, v. Michelle SINGLETON, Defendant.
• Court: U.S. District Court — District of Kansas

922 F. Supp. 1522

UNITED STATES of America, Plaintiff, v. Michelle SINGLETON, Defendant.

No. 95-40076-01-SAC.

United States District Court, D. Kansas.

March 28, 1996.

COPYRIGHT MATERIAL OMITTED

Marilyn M. Trubey, Office of Federal Public Defender, Topeka, KS, Michelle Singleton, Lawrence, KS, for defendant.

Thomas G. Luedke, Office of United States Attorney, Topeka, KS, for plaintiff.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendant Michelle Singleton's motion to suppress evidence (Dk. 16), motion to suppress statement (Dk. 17), and motion for Rule 404(b) disclosure (Dk. 18). The government filed a written response in opposition. (Dk. 19). The court heard argument and evidence on these motions on February 21, 1996. After reviewing the parties' briefs and the controlling law, the court is ready to rule.

INDICTMENT

The indictment filed November 1, 1995, charges Michelle Singleton with nine counts. Count one charges that between July 16, 1995, and July 25, 1995, she aided and abetted the transporting of goods taken by fraud, specifically a 1990 Bayliner boat, in interstate commerce in violation of 18 U.S.C. §§ 2314 and 2. Count two charges that on August 30, 1995, she knowingly possessed stolen goods, a 1990 Bayliner boat, which had been taken by fraud from Nebraska to Kansas in violation of 18 U.S.C. §§ 2315 and 2.

Count three charges that on August 30, 1995, she knowingly possessed counterfeited payroll checks purportedly drawn on thirty-four different organizations and businesses in violation of 18 U.S.C. §§ 513(a) and 2. Count four charges that on August 30, 1995, she knowingly aided and abetted in the possession of five identification documents with the intent to use them unlawfully so as to affect interstate commerce in violation of 18 U.S.C. §§ 1028(a)(3) and 2. Count five charges that from July 1, 1995, continuing through August 31, 1995, she conspired with Charles Mark Degaetani and others to unlawfully possess, make or utter counterfeit payroll checks on various corporations with the intent to deceive other persons or organizations and in furtherance committed overt acts as charged therein, all in violation of 18 U.S.C. §§ 371 and 513. Count six charges that on August 30, 1995, she knowingly possessed or aided and abetted the possession with the intent to distribute in excess of one pound of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D), and 18 U.S.C. § 2. Count seven charges that on August 30, 1995, she knowingly used a firearm during and in relation to a drug trafficking crime (Count 6) in violation of 18 U.S.C. §§ 924(c) and 2. Count eight charges that on August 30, 1995, she conspired with Charles Mark Degaetani and others to possess in excess of one pound marijuana with the intent to distribute it in violation of 21 U.S.C. §§ 846 and 841(b)(1)(D). Finally, count nine charges that on August 30, 1995, she knowingly used a firearm during and in relation to a drug trafficking crime (count 8) in violation of 18 U.S.C. §§ 924(c) and 2.

In sum, Singleton is charged with one count (No. 1) of having aided and abetted the transportation of goods obtained by fraud in interstate commerce in violation of 18 U.S.C. §§ 2315 and 2, one count (No. 2) of possessing stolen goods in violation of 18 U.S.C. §§ 2315 and 2, one count (No. 3) of possessing counterfeit securities in violation of 18 U.S.C. §§ 513(a) and 2, one count (No. 4) of aiding and abetting the possession of more than five identification documents in violation of 18 U.S.C. §§ 1028(a)(3) and 2, one count (No. 5) of conspiracy to possess, make or utter counterfeit payroll checks in violation of 18 U.S.C. §§ 371 and 513, one count (No. 6) of possession with the intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(D) and 18 U.S.C. § 2, one count (No. 8) of conspiracy to possess with the intent to distribute marijuana in violation of 21 U.S.C. §§ 846 and 841(b)(1)(D), and two counts (Nos. 7 & 9) of using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. §§ 924(c) and 2.

FACTS

Shortly after 3:00 p.m. on August 30, 1995, Topeka Police Department officers were called to the Hampton Inn in West Topeka. The manager at the Hampton Inn, John Scott, told the arriving officers that the tenants in room 131 were to vacate their room at 11:00 a.m. but had not done so and that the tenants now owed additional rent.

Scott testified that a person identifying himself as Mark Carlucci first checked into the Hampton Inn on the evening of August 28, 1995, and paid cash to stay one night. At around 12:30 p.m. the following day, Carlucci paid to stay another night. Scott contacted Carlucci's room the next morning on August 30, 1995, to ask if he intended to stay longer. Scott learned that Carlucci and his guest would be staying and that Carlucci would come to the office shortly to pay the rent for another night. Scott called Carlucci's room three more times before 1:00 p.m. inquiring when Carlucci would be paying the rent. Scott was told that they were waiting for Carlucci's employer to come by with a check so that they could pay to stay another night. Scott informed Carlucci that the Hampton Inn charged all customers staying past 2:00 p.m. for one-half day. Scott again called Carlucci's room around 2:00 p.m., and Carlucci repeated his plea for Scott to be patient. Anticipating a problem because Carlucci now owed the Inn rent for one-half day, Scott called the Topeka Police Department around 3:00 p.m. requesting an officer.

Sergeant Maurice Koch with the Topeka Police Department was the first to arrive at the Hampton Inn. Koch learned that the tenants in room 131 owed rent and that the Inn's management wanted the tenants either to pay the rent for another night or vacate their room. Sergeant Koch then drove around to the rear of the Inn and saw that the tenants' car was still parked in front of their room. As he ran a license plate check on the car, two males and a female emerged from room 131. One of the males identified himself as Mark Carlucci. Carlucci was later identified as Charles Mark Degaetani.¹ The others were identified at the time as Scott Rose and Michelle Singleton. Degaetani told Sergeant Koch that he was going to speak with the manager about the bill. Other officers arrived at the scene and remained in the area of room 131 while Koch returned to the manager's office where he was met by Degaetani.

Degaetani was upset with Scott for calling the police. He told Scott that he had not yet received the funds necessary to pay the full rent for another night. Scott insisted that Degaetani's time was up and that he needed to pay for one-half day and leave the room. Scott gave Degaetani fifteen minutes to get the money, pack his belongings, and vacate the room. After waiting the allotted time and making a phone call to room 131 that was not answered, Scott told Sergeant Koch that he no longer cared about the one-half day rent and that he wanted the officers to evict the persons from room 131.

Scott sent a maintenance employee with a pass key to accompany Sergeant Koch to room 131. Sergeant Koch knocked a couple of times on the door to room 131 and announced himself and instructed the tenants that they were to vacate the room. Sergeant Koch heard motion in the room, but no one came to the door. When Sergeant Koch announced that management was preparing to enter the room with a pass key, Rose or Degaetani finally opened the door and Sergeant Koch stepped inside the room for the purpose of evicting them. This was the first time that the officers had entered room 131 that afternoon. Degaetani explained to Koch that he had not answered the door as he had been on the phone with his attorney.

While telling them to vacate the room, Sergeant Koch observed that the tenants had not made much effort to pack their belongings as many things were still laying about the room. Koch asked where the female occupant was, and Rose and Degaetani said that she was in the bathroom. Koch heard the bathroom stool flush several times. He then noticed water flowing from beneath the bathroom door and floating on the water was a green vegetation that appeared to be marijuana. Koch also noticed what appeared to be a baggie of marijuana laying in plain view on one of the beds.

Ms. Singleton did not open the bathroom door though she was asked several times to do so. She told officers that she could not open the door as the inside door handle had come off. She continued to flush the stool six or seven times. Receiving permission from the Hampton Inn's staff, the officers forced open the bathroom door and found Ms. Singleton with a plastic bag containing what appeared to be marijuana. At that point, Singleton, Degaetani and Rose were arrested.

The officers called in a drug dog which alerted to a bag. The officers found marijuana in the bag. In plain view, officers also saw check writing equipment and blank checks. The search incident to the arrest of the two defendants yielded false identification, a laminating machine, numerous counterfeit checks, check writing equipment, and two firearms. The officers inventoried the room and took all property to the station for safekeeping. Items of evidentiary value were kept in police custody.

The officers transported the defendants to the police station for booking and interviewing. Detective Mills testified to the following facts. Around 6:00 p.m. on August 30, 1995, Singleton was brought into the police department's interview room. She was not wearing handcuffs. Mills identified himself and showed Singleton his identification and badge. He then requested basic information like Singleton's name and the spelling of her name. Mills next announced that he wanted to talk with her about the incident at the Hampton Inn. Mills then purposely sat quiet.² Mills testified on cross examination that he paused a couple of minutes,...