Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Green

United States District Court, N.D. Iowa, Eastern Division

April 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
TEREALL DESHAWN GREEN, and JAVONTA JUAN HERBERT, Defendants.

          REPORT AND RECOMMENDATION TO DENY DEFENDANTS' MOTIONS TO SUPPRESS

          C.J. Williams Chief United States Magistrate Judge

         TABLE OF CONTENTS

         I. Introduction ...................................................................................... 2

         II. Findings of Fact ................................................................................. 3

         III. Analysis .......................................................................................... 5

         A. Traffic Stop ................................................................................... 6

         B. Pat-Down Searches of Defendant Green ................................................. 8

         1. First Pat-Down Search of Defendant Green ........................................... 9

         2. Second Pat-Down Search of Defendant Green ..................................... 10

         C. Detention of Defendant Green ........................................................... 11

         D. Officer Girsch's Questions to Defendant Green ...................................... 12

         E. Defendant Green's Flight After Arrest ................................................. 13

         IV. Conclusion ..................................................................................... 13

         I.INTRODUCTION

         This matter is before me pursuant to Tereall Deshawn Green's (Defendant Green) and Javonta Juan Herbert's (Defendant Herbert) motions to suppress evidence. (Doc. 26, Doc. 29). The grand jury charged defendants in a two-count indictment. (Doc. 3). Count 1 charged Defendant Green with possession of a firearm by a felon in violation of Title 18, United States Code, Section 922(g)(1). (Id.). Count 2 charged Defendant Herbert with possession of a firearm by a felon in violation of Title 18, United States Code, Section 922(g)(1). (Id.). The charges arose from evidence found during a traffic stop on January 13, 2018, in Waterloo, Iowa. Defendant Green seeks to suppress evidence of weapons found in the vehicle or on his person and evidence of his flight after arrest, allegedly obtained in violation of the Fourth Amendment to the United States Constitution. (Doc. 26). Defendant Green also seeks to suppress evidence of incriminating statements made by him, allegedly obtained in violation of the Fifth Amendment to the United States Constitution. (Id.). Defendant Herbert seeks to suppress evidence of weapons found in the vehicle, allegedly seized in violation of the Fourth Amendment to the United States Constitution. (Doc. 29). Defendant Herbert also seeks to suppress evidence of incriminating statements made by him, allegedly obtained in violation of the Fifth Amendment to the United States Constitution.[1] (Doc. 29).

         The Honorable Linda R. Reade, United States District Court Judge, referred these motions to me for a Report and Recommendation. On April 18, 2018, I held an evidentiary hearing on defendants' motions at which Waterloo Police Officers Jordan Ehlers and Randy Girsch testified. I admitted into evidence government's Exhibit 1 (Waterloo Police Department Reports) and Exhibit 2 (two DVDs containing videos of Waterloo police camera footage).

         For the reasons that follow, I respectfully recommend the Court deny defendants' motions to suppress.

         II.FINDINGS OF FACT

         Around 1:00 a.m. on January 13, 2018, Waterloo Police Officer Jordan Ehlers (Officer Ehlers) was on patrol and saw a black Nissan Rogue SUV speeding.[2] Officer Ehlers ran the license plate number on the SUV, which came back to a 2004 Mercedes-Benz ML 500. Officer Ehlers further noticed that a license plate frame on the SUV obscured a portion of the letters on the license plate and the registration sticker.

         Officer Ehlers initiated a traffic stop of the SUV. The SUV did not immediately stop, continuing for approximately a quarter block before it turned into the driveway of a residence on Woodmayr Drive in Waterloo. While following behind the SUV, Officer Ehlers saw multiple persons inside the vehicle moving around.

         Officer Ehlers approached the SUV from the passenger side, and the front passenger opened his window. Officer Ehlers immediately smelled an odor of alcohol. He observed multiple bottles of liquor at the feet of the front passenger, and the floor board appeared to be soaked. Officer Ehlers asked the driver for her license and registration. The driver ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.