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.

States v. Crawford

United States District Court, W.D. Arkansas, Fayetteville Division

November 10, 2016

UNITED STATES OF AMERICA PLAINTIFF
v.
DAPHNE CRAWFORD DEFENDANT

          MEMORANDUM OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         Currently before the Court is Defendant Daphne Crawford's Motion to Suppress (Doc. 25) and the Government's Response (Doc. 26). Crawford is charged with making threats by interstate commerce, in violation of 18 U.S.C. § 875(c), and seeks to suppress evidence related to firearms and ammunition seized during law enforcement's June 23, 2016 search of her residence. The Court held a suppression hearing on November 4, 2016, during which it heard testimony, received evidence, and took argument from the parties. From the bench, the Court rejected each of the three arguments advanced by Ms. Crawford, and DENIED her Motion (Doc. 25) in full. To the extent that anything in this Memorandum Opinion and Order differs from the Court's pronouncement from the bench, this Order controls.

         I. BACKGROUND

         The facts giving rise to this Motion originate from a verbal dispute between Alan Lewis Crawford Jr.[1] and a waitress at Mel's Diner in Prairie Grove, Arkansas on May 24, 2016. The dispute reportedly arose because Mr. Crawford claimed the waitress gave him and Ms. Crawford deficient service due to their status as Muslims and/or non-Christians. Before leaving Mel's Diner, Ms. Crawford allegedly looked at the waitress and stated, "people like you are the reason we kill." That night, an individual used the Facebook account of "Umm Ammara Khalid Daphne Crawford" to post derogatory remarks about the waitress.

         Later that week, a customer of Mel's Diner learned of the foregoing incident and posted a message on the Facebook page "Awesome Community of Prairie Grove." The message stated: "I would like to know the new people that are Muslim in town. Young[, ] white, Muslim, and stayed in the colonial hotel. I would very much like to meet you." An individual using Ms. Crawford's purported account responded to the post by stating, "ask and you shall receive." The user of the account then sent a series of allegedly threatening messages to the customer.

         Based on those messages, law enforcement suspected Ms. Crawford of Terroristic Threatening under Ark. Code. Ann. § 5-13-301 (a)(1)(A), and applied for a search warrant for her residence-a hotel room at Value Place in Fayetteville, Arkansas-on June 16, 2016. The application sought digital and electronic evidence of the alleged threats, including smartphones, digital cameras, computers, and storage devices such as flash drives. The affidavit accompanying the warrant recounted the aforementioned events, including the following list of Facebook messages allegedly sent by Ms. Crawford to the Mel's Diner customer:

• Daphne wanted to meet at Gaby's in Praire Grove
• Customer replied that they didn't feel comfortable meeting alone
• Daphne told Customer to bring her family
• Daphne told Customer her husband would show up with an AK-47
• Daphne told Customer her husband is a "piece of shit coward"
• Daphne told Customer that they have lots of guns
• Daphne told Customer that her husband is a former navy seal
• Daphne told Customer her husband will shoot him
• Daphne told Customer that she ought to shut her up for good now
• Daphne sent Customer a picture of her husband in a Middle Eastern attire kneeling with a weapon described as an assault rifle
• Customer stopped talking to Daphne when the threats got violent

(Doc. 25-1, ΒΆ 7). Circuit Judge Cristi Beaumont issued the requested search warrant and officers executed it, ...


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.