United States v. Faler

223 F. Supp. 3d 855, 2015 U.S. Dist. LEXIS 188840, 2015 WL 13273310
CourtDistrict Court, S.D. Iowa
DecidedApril 28, 2015
DocketNo. 3:14-cr-00021-JEG
StatusPublished

This text of 223 F. Supp. 3d 855 (United States v. Faler) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Faler, 223 F. Supp. 3d 855, 2015 U.S. Dist. LEXIS 188840, 2015 WL 13273310 (S.D. Iowa 2015).

Opinion

ORDER

JAMES E. GRITZNER, Senior Judge

This matter comes before the Court on Motion to Suppress, ECF No. 43, by James E. Faler (Defendant). The Government resists. The Court held a hearing on the motion on March 26, 2015. Assistant U.S. Attorney Clifford R. Cronk III represented the Government. Attorney John L. Lane represented Defendant. Both parties filed supplemental briefs on April 10, 2015. The motion is fully submitted and ready for disposition.

1. BACKGROUND

On May 31, 2013, Autumn Centers, a leasing consultant for an apartment complex in Louisville, Kentucky, called 911 to report suspicious activity. Centers told the 911 operator that someone, later identified as Defendant, had been staying at the apartment complex in another resident’s unit. She reported he had been “messing with the little kids that live around here” and that his conduct was “awfully weird.” Def. Ex. 1-B. She asserted that Defendant took a child into his apartment and a resident had a picture of him “touching a little girl.” Id. Centers told the dispatcher said she had done research on the Internet and determined Defendant had been convicted of sex offenses in Iowa and was a registered sex offender.1 Centers asserted that Defendant was not presently causing any trouble, but he had been “standing with a bunch of kids,” and it was “scary.” Id.

Three uniformed polices officers, Mary Imber, Jonathan Noe, and Jay Moss, promptly responded to Centers’ call.2 The officers located Centers and verified the information she told the dispatcher. According to Officer Noe’s testimony, the officers then checked an electronic database to confirm that Defendant was on the Iowa sex offender registry. The officers [858]*858then proceeded to a unit leased to Michael Parks and knocked on the door.

There are conflicting accounts of what happened next. In a recorded interview with an investigator from a public defender’s office, Parks said the officers came to the door and “kind of pushed their way through” and “just walked in.” Def. Ex. 3. Parks told the investigator he did not say anything to the officers when they entered. Id. Parks testified before the Grand Jury in this matter, “They knocked on the door. I answered. They asked if I knew [Defendant], I said, ‘yes.’ They asked if [Defendant] was here. I said, ‘yes,’ and started pointing to the room. By that time [Defendant] had come out to meet them.” Parks Grand Jury Tr., Def. Ex. 11.

Officer Noe testified at the hearing on Defendant’s motion that Parks came to the door and initially denied Defendant was in his apartment. According to Officer Noe, the police continued to question Parks and then Defendant stepped out of a back room and into view of the officers. Officer Noe testified that he could not recall the “exact wording” he used, but he said that his training would have made it “second nature” to ask “ ‘can we come in’ or ‘can we talk to you’ or, ‘hey, do you mind if I speak to you’ ” before entering the room. Hr’g Tr. 16, EOF No. 55. Officer Noe continued that he used one of these phrases, and the officers entered the room. He also testified that Parks had been standing in the doorway and he turned around and “kind of pointed towards Mr. Faler” and stepped out of the way. Id. Officer Noe further explained that Parks gestured to indicate that Defendant was “back there, there he is.” Id. at 38.

Officer Moss testified that he instructed Officer Noe to knock on Parks’ door and take the lead because he “wanted him to get the experience of gaining access to an apartment and talking to people.” Id. at 45. Officer Moss also testified that Parks initially hesitated but then said he knew Defendant. At that time, Defendant came into view. Officer Moss testified, “Officer Noe says, mind if we come in? [Parks] opens the door, moves out of the way, and we entered and had a conversation with Mr. Faler from there.” Id. at 46. Officer Moss testified that Parks did not object in any way. Officer Moss also testified that Parks stepped out of the way, but he did not make any other gesture.

Officer Imber testified that she was too far back in the hallway to hear any conversation between Parks and Officers Noe and Moss at the door. She also testified she was unable to see any gestures Parks made.

Defendant testified that he heard a knock on the door and heard Parks answer. He heard his name mentioned, and he came forward. Defendant testified that he was able to hear the officers’ conversation with Parks, and he did not hear them ask for consent to enter. Parks offered when the officers saw him, “they stepped in.” Id. at 66.

Officer Noe testified that after the police entered the apartment, they questioned Defendant and eventually placed him in handcuffs.3 Officers Noe and Moss testified [859]*859that they did not search the apartment at this time, but Moss performed a protective sweep to ensure no one else was in the apartment. Officer Noe testified he remained with Defendant in the main room. Officer Noe reported that Defendant and Parks were very polite and cooperative during their entire encounter with the police.

In contrast, Defendant testified that Officer Moss remained with Defendant and that Officer Noe started looking through the room where he was staying. Defendant continued that Officer Noe returned to the main room and said, “I have something you need to see.” Id. at 68. According to Defendant, the officers decided to arrest him after Officer Noe returned from the back room.

Each officer and Defendant testified that Imber left to make some calls and confirm Defendant had violated his registration obligations. Officers Noe and Moss testified the officers arrested Defendant once Imber confirmed Defendant had failed to register as required.

Officer Noe testified he guided Defendant to the police cruiser. On the way, Noe reports that Defendant asked Officer Moss to retrieve his backpack from the apartment because he had several medications he would like to take with him as he was planning to go back to Iowa after his release from jail. Officer Noe testified that Officer Moss helped him secure Defendant in the cruiser and then returned to retrieve the backpack.

Likewise, Officer Moss testified that after the officers left the apartment with Defendant and as they were walking down the hallway, Defendant told Moss he needed his medicine. Officer Moss testified that he said to Defendant, “ ‘[Wjhere’s your medicine?’ and [Defendant] said, ‘in my backpack.’ ‘Where’s your backpack?’ ‘In the bedroom.’” Id. at 48. Officer Moss explained that he returned to retrieve the backpack after placing Defendant in the police car. He asked Parks where the backpack was, and Parks told him it was in the room where Defendant was staying. Officer Moss reported he saw the backpack in plain view. He testified Louisville police policy requires officers to examine items before putting them in police cars, so he looked in the backpack to ensure nothing inside would jeopardize officer safety.4 Officer Moss testified that he found in the backpack images of the Defendant “with little boys in compromising positions.” Id. at 49. Officer Moss then called his sergeant and asked him to come to the scene.

Detective Imber testified that the officers had not conducted a search or found contraband prior to Defendant’s arrest.

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Cite This Page — Counsel Stack

Bluebook (online)
223 F. Supp. 3d 855, 2015 U.S. Dist. LEXIS 188840, 2015 WL 13273310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-faler-iasd-2015.