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United States v. Krumwiede

United States District Court, D. Oregon

December 6, 2018


          BILLY J. WILLIAMS United States Attorney

          KEMP L. STRICKLAND Assistant United States Attorney

          LISA HAY Federal Public Defender

          ROBERT B. HAMILTON Assistant Federal Public Defender


          ANNA J. BROWN United States Senior District Judge

         This 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 Motions.


         The 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.

         On 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.[1]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 car.

         Officer 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 Suksai.[2]

         Officer 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.

         At 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.

         At 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.

         Salem 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.

         Officer 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 handcuffed him.

         Officer 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.

         The 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.

         Around the time of Defendant's arrest, Officer Bennett and Salem Police Officer Evan Whitney searched Room 114, but they did ...

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