United States v. Flintroy

30 F. Supp. 3d 616, 2014 WL 3057088, 2014 U.S. Dist. LEXIS 91488
CourtDistrict Court, W.D. Kentucky
DecidedJuly 7, 2014
DocketCriminal Action No. 3:13CR-149-JHM
StatusPublished

This text of 30 F. Supp. 3d 616 (United States v. Flintroy) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Flintroy, 30 F. Supp. 3d 616, 2014 WL 3057088, 2014 U.S. Dist. LEXIS 91488 (W.D. Ky. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., Chief Judge.

This matter is before the Court on Defendant Kenneth Flintroy, Jr.’s (“Flin-troy”) Motion to Suppress Evidence [DN 14], Motion to Suppress Statements Made by the Defendant to Law Enforcement [DN 15], and Motion to Suppress Photo Identification and in Court Identification [DN 16]. Having come before a hearing, these matters are ripe for decision.

I. BACKGROUND

This action arises out of a robbery of the McDonald’s located at 8600 Dixie Highway in Louisville, Kentucky on May 2, 2013. At the scene of the robbery, the police arres'ted two individuals, Donte Edwards (“Edwards”) and Cory Crowe (“Crowe”), who were believed to be get-away drivers. Immediately following their arrest, the police took Edwards and Crowe back to the police station in order to question them [619]*619concerning the robbery. During the course of the interview, both Edwards and Crowe implicated Flintroy (or “Defendant”) in the robbery of the Dixie Highway McDonald’s.

In addition to discussing the Dixie Highway robbery, the police showed Crowe and Edwards surveillance camera photos from other unsolved robberies at fast food establishments in the Louisville area that the police thought resembled the robbery of the Dixie Highway McDonald’s. Based upon statements from Edwards and Crowe, the police connected Flintroy to the robberies of the Papa Johns located at 6902 Southside Drive and the McDonald’s located at 7426 3rd Street Road on April 16, 2013.

Following the interviews with Crowe and Edwards, police officers went to Defendant’s parents’ house, which is where they believed Flintroy was living. The police did not obtain a search or arrest warrant prior to arriving at the Flintroy home and were let into the house by an unidentified male. During a sweep of the house, the police found Flintroy asleep in his room. After arresting Defendant, the police obtained written consent from both Flintroy’s mother and Flintroy to search the house. As a result of the search, the police discovered items that they believed were used in connection with all three of the robberies.

Defendant seeks to have the' Court suppress the photo identifications made by Crowe and Edwards, the evidence found in his parents’ house, and the statements he made at the police station following his arrest. At the hearing held on June 3, 2014, Edwards, Crowe, Detective Simpson, and Ms. Flintroy, the Defendant’s mother, testified concerning their knowledge of the events that led to the arrest of Defendant.

A. Interview and Photo Identification by Edwards and Crowe

After questioning Edwards and Crowe about their involvement with the Dixie Highway McDonald’s robbery, the police sought information concerning the robbery of the Southside Drive Papa John’s and the 3rd Street McDonald’s. When the police asked Edwards whether he had been involved in any previous robberies, he denied committing any additional robberies but informed police that Flintroy had confessed to him that he had committed others. As for Crowe, it is unclear as to whether he initially mentioned Flintroy’s involvement in other robberies or whether the police broached the subject. Regardless, the police showed both Edwards and Crowe pictures from a surveillance camera that captured the robbery of the Southside Papa John’s and the 3rd Street McDonald’s. Although both Edwards and Crowe noticed certain items worn by the alleged robber in the pictures and associated those items with Flintroy, they could not absolutely identify the person in the images as Flintroy due to the fact that the person was wearing a disguise during the robberies.

When asked about the images from the Papa John’s robbery, Edwards said that he recognized the Echo hoodie and the red backpack in the picture as items similar to those owned by the Defendant. In fact, he went into some detail about how he knew that Flintroy owned a very similar backpack. While the person involved with the Southside 'McDonald’s robbery was not wearing an Echo hoodie, Edwards recognized the red backpack again. Edwards also commented on the fact that the person in the picture from McDonald’s was wearing baggie clothes, a style that he associated with Defendant. At the direction of the police, Edwards wrote, “This is Kenny” on the photo arrays.

[620]*620The police also asked Crowe if he recognized anyone in the images from the Southside Drive Papa John’s and the 3rd Street McDonald’s robberies. According to Crowe, he told the police that he thought that Flintroy owned a sweatshirt similar to the one worn by the person in the picture from Papa John’s, but he was unable to identify any other item of clothing as belonging to the Defendant. Similar to Edwards, the police also had Crowe write, “Kenny” on the images.

B. Search of Residence

Based on information provided by Edwards and Crowe and other evidence collected from the Dixie Highway McDonald’s, the police went to arrest Flintroy at his parents’ house located at 7213 Gerber Avenue. After positioning officers around the house, Detective Simpson knocked on the door and a young black male answered the door. There is a factual dispute concerning the presence and living situation concerning the young man who answered the door. According to Ms. Flintroy, the unidentified individual, who she referred to as “Slim,” lives in. Miami, Florida and had been staying with the family for a couple of nights to make music with her son. In contrast, Detective Simpson testified that the young male told him that he was using the recording studio in the basement, that he lived in the neighborhood and could come and go as he pleased regardless of whether anyone was home. After asking the individual about why he was at the Flintroy home, Detective Simpson said that he next asked him if anyone else was present at the house. The unidentified person told police that he. did not think anyone else was at the house. Based on the discussion with the unidentified male, Detective Simpson determined that he had “control” of the house and asked him if the police could enter the home. According to Detective Simpson, the young male agreed to let the police come inside the house.

Upon entering the home, the police did an initial sweep to determine if other individuals were in the house. It is during this sweep that Detective Simpson located Defendant Flintroy in his room asleep on the bed. Detective Simpson told Defendant to come out into the hallway and another police officer placed handcuffs on him. After placing Flintroy on a. couch in the living room next to the unidentified individual, the police proceeded to continue to sweep the entire house for other individuals. At some point during the initial sweep of the house, Detective Simpson located a red backpack that he believed was used in previous robberies, but he did not do anything with it at that time other than make note of it.

After completing a sweep of the house, the police attempted to contact Defendant’s parents, who were the owners of the house. Detective Simpson stated that he obtained their contact information from the unidentified individual who initially answered the door. Both the timeline and the incidents that follow contact with the parents are fairly unclear. According to Detective Simpson, Defendant’s mother was the first to arrive and she gave police consent to search the house. On the other hand, Ms. Flintroy testified that her husband was the first one home and that he talked to the police before she got there.

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Cite This Page — Counsel Stack

Bluebook (online)
30 F. Supp. 3d 616, 2014 WL 3057088, 2014 U.S. Dist. LEXIS 91488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-flintroy-kywd-2014.