Submitted: November 17, 2017
from United States District Court for the Western District of
Missouri - Kansas City
COLLOTON and GRUENDER, Circuit Judges, and READE,  District
Collins entered a conditional plea of guilty to unlawful
possession of a firearm as a previously convicted felon, in
violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
On appeal, Collins challenges a district court order denying his
motion to suppress evidence discovered during a search
following a warrantless car stop. We affirm.
13, 2016, at approximately 3:30 a.m., Officers Swaggart,
Murphy and DuChaine of the Kansas City, Missouri Police
Department were conducting surveillance of a residence at
9028 Oak Street, Kansas City, Missouri, the residence of
Robert "Rob" Currie. Detective Cartwright of the
Kansas City Drug Enforcement Unit advised that Currie drove a
white motorcycle and sold methamphetamine out of his garage
during the late evenings and early mornings.
Cartwright had previously conducted two controlled buys at
the Oak Street garage. Approximately two years prior to the
June 13, 2016 surveillance, Detective Cartwright obtained
hashish. At the second controlled buy, which occurred only
two months earlier, Detective Cartwright purchased
methamphetamine. While waiting in the garage for Currie to
retrieve the methamphetamine from a hotel, Detective
Cartwright observed approximately ten people injecting
methamphetamine. During this time, he was offered
methamphetamine and marijuana. Several confidential
informants had also provided Detective Cartwright information
regarding drug activity at the Oak Street residence.
the approximately one month that Officer Murphy had conducted
surveillance of the Oak Street residence, including on June
13, 2016, she had observed heavy vehicle, bicycle and foot
traffic in and out of the garage. This traffic primarily
consisted of brief visits occurring in the late evening and
early morning hours. The garage had a large floodlight above
it and both the home and attached garage were equipped with
multiple surveillance cameras that appeared to be focused on
approximately 4:30 a.m., Officer DuChaine observed a Mercury
Grand Marquis pull into the driveway of the Oak Street
residence. The white motorcycle was parked in the driveway.
An unknown white male, who was later identified as Collins,
got out of the driver's seat of the vehicle and went into
the garage. Collins emerged from the garage approximately ten
to fifteen minutes later, reentered the vehicle and drove
away from the residence.
Swaggart and Murphy followed the vehicle a short distance and
turned on their lights after it was out of sight of the
garage. The vehicle made multiple turns and repeatedly tapped
its brakes. The officers then initiated a traffic stop. The
vehicle traveled approximately 200 yards before coming to a
stop. The officers ordered both Collins and his passenger to
exit the vehicle. After Collins and his passenger were
detained, Officer DuChaine observed a magazine with live
ammunition in plain view on the driver's seat. Officer
DuChaine conducted a protective sweep of the vehicle and
recovered a loaded firearm in the glove box. The officers
arrested Collins for failure to yield to an emergency
vehicle. Officer Murphy ran a records check and learned that
Collins was a convicted felon. At that time, the officers
also arrested Collins for being a felon in possession of a
jury charged Collins with one count of possession of a
firearm as a previously convicted felon. Collins moved to
suppress all evidence obtained as a result of the warrantless
seizure of his vehicle. The district court ruled that the
seizure and subsequent search were lawful. Collins then
entered a conditional guilty plea pursuant to Federal Rule of
Criminal Procedure 11(a)(2), reserving the right to appeal
the denial of his motion to suppress. On appeal, Collins
argues that the stop was unconstitutional because the
officers lacked reasonable suspicion to stop his vehicle.
Court reviews the facts supporting a district court's
denial of a motion to suppress for clear error and reviews
its legal conclusions de novo." United States v.
Long, 870 F.3d 792, 796 (8th Cir. 2017) (quoting
United States v. Cotton, 782 F.3d 392, 395 (8th Cir.
2015)). "This court will affirm the district court's
denial of a motion to suppress evidence unless it is
unsupported by substantial evidence, based on an erroneous
interpretation of applicable law, or, based on the entire
record, it is clear a mistake was made." Unit ...