United States District Court, D. Minnesota
Dunne, United States Attorney for the United States of
Clayton Tyler, F. Clayton Tyler, P.A. for Kendrick Ledelle
RICHARD NELSON, United States District Judge
matter is before the Court on Defendant's Objections
(“Objs.”) [Doc. No. 35] to the Report and
Recommendation of Magistrate Judge Bowbeer
(“R&R”) [Doc. No. 34]. For the reasons set
forth below, Defendant's Objections are overruled in part
and sustained in part.
November 19, 2016, Minneapolis police received multiple 911
calls reporting a domestic abuse in progress. (R&R at 2.)
The callers stated that someone was pointing a gun with a
laser at people in an apartment complex and gave a
description of the suspect and his vehicle. (Id. at
2-3.) Officers, including Officer Andrew Schroeder
(“Officer Schroeder”), responded and located a
vehicle and individual-later identified as Defendant Kendrick
Ledelle Dotstry (“Dotstry”)-matching those
descriptions. (Id. at 3.)
officers initiated a traffic stop, drew their weapons, and
gave Dotstry a series of commands to put his hands up, exit
the vehicle, and walk backwards toward the squad car.
(Id.) Initially, Dotstry did not comply with these
commands and ducked down out of sight in his vehicle.
(Id.) However, Dotstry did eventually exit the
vehicle with his hands up, walked backwards towards the squad
car, and knelt on the ground as ordered. (Id.)
Schroeder was tasked with taking Dotstry into custody.
(Id.) He first asked if Dotstry had a gun on his
person. (Id.) Dotstry said he did not.
(Id.) Then, as Officer Schroeder was handcuffing
Dotstry, he asked Dotstry if there was a gun in the vehicle.
(Id.) Dotstry did not respond. (Id.) The
following exchange then occurred, as Officer Schroeder was in
the process of taking Dotstry into custody and the other
officers were securing the vehicle:
Officer Schroeder: We got a call you were pointing a gun
Dotstry: I was pointing a gun?
Officer Schroeder: That's why we're here
Dotstry: I do have one. There's one in the car.
Officer Schroeder: Is there one in ...