United States District Court, D. Oregon
J. WILLIAMS United States Attorney
L. STRICKLAND Assistant United States Attorney
HAY Federal Public Defender
B. HAMILTON Assistant Federal Public Defender
OPINION AND ORDER
J. BROWN United States Senior District Judge
matter comes before the Court on Defendant's Motion (#24)
to Suppress and for a Franks Hearing. For the reasons that
follow, the Court DENIES Defendant's
Court finds the following facts by a preponderance of the
evidence based on the record as a whole, including the
evidence presented at the hearing on October 10, 2018.
February 4, 2018, Salem Police Officer Jon Michael Garland
"went out on a . . . field incident report" to find
an individual who Officer Garland knew had an outstanding
warrant for his arrest.Officer Garland was wearing a patrol
uniform and driving a marked patrol vehicle when he observed
the individual driving a car into the parking lot of the Days
Inn motel located at 1600 Motor Court N.E., Salem, Oregon.
Officer Garland followed the individual and parked behind his
Garland explained to the individual that there was a warrant
outstanding for his arrest and that Officer Garland would
have to take the individual into custody. Officer Garland
arrested the individual at 10:01 a.m. and placed him in the
police patrol car. Officer Garland then drove the individual
to the Marion County Jail approximately ten minutes away.
While en route to the jail the individual told Officer
Garland that Defendant Joshua Steven Krumwiede was staying in
Room 114 at the Days Inn with Jenny Marie Dolan. The
individual told Officer Garland that he had been in Room 114
the previous night with Defendant and Dolan when there were
drugs and at least one gun in the room, and that Defendant
and Dolan were associated with a maroon vehicle that was
parked near the room. Officer Garland had observed one maroon
car in the Days Inn parking lot that was parked approximately
15-to-20 yards away from Room 114 when he was there earlier.
Officer Garland ran the license plates on the maroon car and
found it was registered to the name of Krai
Garland was already familiar with Defendant before February
4, 2018. Specifically, Salem Police Department Detective
Justin Carney, who is assigned to the drug task force,
informed Officer Garland that he was investigating Defendant
as a suspected methamphetamine dealer who deals in
"larger quantities" in the Salem and Portland area
and who is associated with firearms.
10:16 a.m. Officer Garland contacted his supervisor Sergeant
Johnson and advised him about the above information that the
individual provided en route to jail.
10:39 a.m. Officer Garland left the Marion County Jail and
drove to the parking lot of a Denny's restaurant near the
Days Inn. Sergeant Johnson, Officer Garland, and other Salem
Police Officers met in the Denny's parking lot to discuss
the situation, including the fact that there was an
outstanding, unrelated warrant for Defendant's arrest.
Sergeant Johnson and the officers believed it would be a
high-risk encounter to arrest Defendant because the
individual had informed Officer Garland that there had been
drugs and guns in Room 114 the previous night and because
Defendant had a reputation as a drug dealer associated with
firearms. The officers decided to observe Room 114, to wait
until Defendant and Dolan were in the maroon vehicle, to
approach the vehicle, and to box it in with patrol vehicles.
Police Officer Sean Bennett approached the back side of the
front office of the Days Inn on foot and staff let him into
the office. Officer Bennett had a direct line-of-sight view
of Room 114 approximately 25-30 yards away, and Officer
Bennett had a clear and unobstructed view of the maroon
vehicle. Shortly after Officer Bennett was in position,
Defendant and Dolan came out of Room 114 and moved toward the
maroon vehicle. Dolan was carrying a small dog, and Defendant
was carrying a bag and a "large colorful lanyard"
that was holding a set of keys that Defendant used to open
the maroon car. When Defendant and Dolan got into the maroon
vehicle, Officer Bennett could see the head and shoulders of
Defendant and Dolan, but not farther down because "there
was a lot of stuff" in the car.
Bennett saw Defendant lean towards the ignition area, which
caused Officer Bennett to believe that Defendant was about to
start the vehicle. At that point Officer Bennett radioed the
other officers and advised them that Defendant and Dolan were
leaving, and the tactical-arrest team moved in. A number of
officers parked their cars behind the maroon vehicle and
blocked it from backing out of the parking spot. At
approximately 10:58 a.m. Defendant was removed from the car
and "proned out onto the ground." Officer Garland
Garland read Defendant his Miranda rights and asked
Defendant whether he had any property in the maroon vehicle.
Defendant stated he did not have any property in the maroon
car, that it was not his car and he did not know to whom the
car belonged, that he had been helping a friend, and that he
had placed bags behind the driver's seat.
officers searched Defendant and found a wallet and cellular
telephone. The wallet contained approximately $5, 000 in
cash; two W-2G forms from Spirit Mountain Casino; and Oregon
certificates of title for three different vehicles, none of
which was the maroon vehicle.
the time of Defendant's arrest, Officer Bennett and Salem
Police Officer Evan Whitney searched Room 114, but they did