Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Dunn

United States District Court, D. Minnesota

January 19, 2018

United States of America, Plaintiff,
v.
Kalil Wesley Dunn, Defendant.

          Thomas Calhoun-Lopez, United States Attorney's Office for Plaintiff.

          Robert M. Paule for Defendant.

          ORDER ADOPTING REPORT AND RECOMMENDATION

          SUSAN RICHARD NELSON, United States District Judge

         This matter is before the Court on the Report and Recommendation (“R&R”) of Magistrate Judge Katherine Menendez dated November 30, 2017 [Doc. No. 39]. In the R&R, Magistrate Judge Menendez recommends that: (1) Defendant's Motion to Sever Counts [Doc. No. 20] be denied without prejudice; (2) Defendant's Motion to Suppress Evidence [Doc. No. 21] be denied with prejudice; and (3) Defendant's Motion to Suppress [Doc. No. 22] be denied with prejudice. Defendant timely objected to the R&R (“Def.'s Obj.”) [Doc. No. 40], and the Government filed a response [Doc. No. 41]. For the reasons set forth below, and based on a full, de novo review of the files and records, including the transcript of the suppression hearing, this Court overrules Defendant's Objections and adopts the R&R in its entirety.

         I. BACKGROUND

         Defendant Kalil Wesley Dunn (“Defendant”) was charged by indictment with five counts of drug and gun possession arising out of two separate encounters he had with law enforcement on April 12, 2017 and on June 20, 2017. (See Indictment [Doc. No. 10].) The underlying details of the charges-as well as the procedural history of this case-are set forth more fully in the R&R, which this Court incorporates herein by reference.

         A. Encounter on April 12, 2017 and Subsequent Charges

         On April 12, 2017, Minneapolis Police Department (“MPD”) Officers Richard Knoche and Andrew Schroeder were on routine patrol when dispatch notified them about a four-car accident in Minneapolis. (Mots. Hr'g Tr. (“Tr.”) [Doc. No. 32] at 13-15; R&R at 2.) Once the officers were on the scene, a witness told Officer Schroeder that Defendant's car “ran into three parked cars before it spun southbound in the northbound lane.” (Tr. at 16; see R&R 2.) Officer Knoche observed that Defendant's car “entirely” covered the lane for oncoming traffic, and thus decided to have the vehicle towed pursuant to MPD policy, as it could not be driven safely due to the extensive damage to its front end as well as a flat tire. (Tr. at 17-18, 32; R&R at 2.) Defendant had already made arrangements to have his vehicle towed, (Tr. at 128; R&R at 2-3), but the MPD policy allows officers to have vehicles towed when they impede traffic and does not require them to ask the vehicle's owner if he wishes to make his own towing arrangements, (Tr. at 42-43; R&R at 5).

         Pursuant to this MPD policy, the officers conducted an inventory search of the car before it was towed. (Tr. at 34-35, 42; R&R at 3.) The officers found two handguns, two bags of suspected crack cocaine, two digital scales, and two cell phones. (Tr. at 19; R&R at 3.) Defendant was arrested. (Tr. at 28-29).

         Based on this incident, the indictment charges Defendant with possessing a firearm in violation of felon-in-possession statutes (count 1); possessing cocaine base with intent to distribute (count 2); and possessing firearms during and in relation to a drug trafficking crime (count 3). (Indictment.)

         B. Encounter on June 20, 2017 and Subsequent Charges

         While on routine patrol on June 20, 2017, MPD Officer Donnell Crayton observed Defendant drive past his police car. (Tr. at 54-57.) Officer Crayton then heard and saw Defendant's car accelerate away from the police car, and Officer Crayton and his partner turned around to follow Defendant. (Id. at 57-58; R&R at 3.) While the officers pursued Defendant, they observed that he committed multiple traffic violations and pulled him over. (Tr. at 58-61; R&R at 3.) Defendant stopped, exited the vehicle, and began to walk away. (Tr. at 61-62; R&R at 3.) The officers issued commands, but Defendant was “slow to follow” these commands and appeared to reach behind his back, so Officer Crayton arrested and handcuffed him. (Tr. at 62, 84-85; R&R at 3.)

         Officer Kong Moua then approached the car that Defendant was driving “to make sure nobody else was inside, ” (Tr. at 92; R&R at 4), and, looking through the driver's window, “observed a plastic bag containing what appeared to be crack cocaine.” (Tr. at 92; R&R at 4.) Officer Moua then obtained the key from Officer Crayton and searched the vehicle. (Tr. at 95-96, 108; R&R at 4.) Officer Moua found a firearm with a seated magazine and a magazine drum under the front passenger seat. (Tr. at 96-97.) He photographed the gun and the drugs, taking photographs of the gun first. (Tr. at 110-112; R&R at 4.) He testified that he photographed the gun before the drugs because of the heightened risk associated with weapons. (Tr. at 113-14; R&R at 4.)

         Based on this stop and search, the indictment charges Defendant with possessing a firearm in violation of felon-in-possession statutes (count 4) and with possessing cocaine ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.