United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO
SUPPRESS EVIDENCE [#13], FINDING THE ENDS OF JUSTICE WILL BE
SERVED BY GRANTING A CONTINUANCE EXCLUDING CERTAIN DATES FROM
THE SPEEDY TRIAL CLOCK AND AMENDING DATES
Gershwin A. Drain United States District Court Judge
11, 2019, a grand jury indicted Kennyon Roshawn Jackson
(“Defendant”) with Felon in Possession of a
Firearm, 18 U.S.C. § 922(g). ECF No. 1. This charge
stems from a traffic stop and arrest-in response to a parole
violation warrant against Defendant-on April 25, 2019. ECF
No. 13, PageID.32.
before the Court is Defendant's Motion to Suppress
Evidence, filed on August 30, 2019. ECF No. 13. The
Government filed a Response on September 24, 2019. ECF No.
17. A hearing on Defendant's Motion was held on October
28, 2019. For the reasons that follow, the Court DENIES
Defendant's Motion [#13].
was released on parole by the Michigan Department of
Corrections (“MDOC”) on April 10, 2018 after
serving a 4-10-year sentence for assault with intent to cause
great bodily harm less than murder, as well as a 2-year
sentence for felony firearm. ECF No. 17, PageID.55. His term
of parole was scheduled to end on April 20, 2020.
Id. On April 25, 2019, a parole violation warrant
was entered into the Michigan Law Enforcement Information
Network (“LEIN”) for Defendant; he was allegedly
involved in a domestic violence incident in Van Buren
Township, Michigan on April 24, 2019. Id. MDOC's
Absconder Recovery Unit (“ARU”) was directed to
locate and arrest Defendant on the warrant. Id.
evening of April 25, 2019, ARU Investigator Jon Hugle located
an individual he believed to be Defendant. Id. at
PageID.56. At approximately 7:54 p.m. that evening,
Investigator Hugle requested assistance from a marked patrol
unit to initiate a traffic stop. Id. He broadcasted
a description of a gray Saturn with license plate number
DYT0580, as well as a description of Defendant: “black
male, 27 [years old], 5'8”, about 180 [pounds],
long dreads.” Id.
from the Ypsilanti Police Department initially spotted the
Saturn, but eventually discontinued taking any action once
they observed Defendant walking into a residence. ECF No. 17,
PageID.56. Washtenaw County Sheriff's Deputies Michael
Hogan and Roger Khattar, driving in separate cars, soon
responded to the dispatch stating that they were available to
assist. Id. They parked opposite the Ypsilanti
neighborhood where the Saturn was stopped at 1756 Tyler Road.
Id. At the hearing, Deputy Hogan testified that he
was there for “less than fifteen minutes.” He
further indicated that he did not pull up any information of
the described parole absconder at this time. At 8:13 p.m.,
Investigator Hugle broadcasted that the Saturn was on the
move. Id. A female individual was observed driving
the Saturn, while Defendant was reported to be the front
Hogan and Khattar caught up to and located the Saturn driving
eastbound on 1-94 towards the Rawsonville Road
Id. Deputy Hogan observed the Saturn had tinted
windows and that the female driver failed to use a turn
signal. ECF No. 13, PageID.39. He then initiated a traffic
stop at the exit ramp. Id.
Hogan approached the driver, later identified as Ms. Janiqua
Stines, while Deputy Khattar approached the passenger, later
identified as Defendant. ECF No. 17, PageID.57. Both deputies
held flashlights in their hands. Id. As they
approached, Investigators Hugle and Barnett, who arrived
shortly after the stop, remained behind the Saturn with their
service weapons holstered. Id. at PageID.58.
Ms. Stines gave Deputy Hogan her name and passport as
identification, Deputy Hogan determined that her license
was suspended. ECF No. 13, PageID.39. Deputy Hogan also asked
Defendant for his identification; Defendant responded that he
did not have a license and that his name was “Joseph
Calhoun.” ECF No. 17, PageID.58. At the hearing, Deputy
Hogan indicated that it was “normal procedure” to
ask passengers for their identification-especially if drivers
are found driving without any identification, as was the case
here with Ms. Stines-in order to determine whether it is
possible to avoid impounding a vehicle and instead having the
passenger drive the vehicle away at the conclusion of the
Deputy Hogan testified that he noticed a “bulge”
under Defendant's sweatshirt hood at the time he first
requested identification from both passengers, which he was
able to eventually confirm was Defendant's long dreads as
described over the dispatch. Deputy Hogan removed Ms. Stines
from the Saturn once she indicated she did not have a valid
license, placed her in handcuffs, and put her in the back of
his patrol car. ECF No. 13, PageID.39. He informed Ms. Stines
that he wasn't going to take her to jail for a suspended
license. ECF No. 17, PageID.58.
placing Ms. Stines in his patrol car, Deputy Hogan returned
to the Saturn's open driver side door. He again asked
Defendant for his name and date of birth. Id.
Defendant responded, “Joseph Parnell Calhoun”
with a birthdate of April 8, 1994. Id. While Deputy
Hogan wrote this information down, he asked Defendant to pull
his hood down. At the hearing, Deputy Hogan testified that
once Defendant pulled his hood down, his suspicion grew that
he was in fact the parole absconder.
returning to his patrol car, Deputy Hogan instructed
Defendant, “Do me a favor. Turn the car off with the
ignition. Take the keys out. Hand them to me.”
Id. at PageID.59. Defendant complied with this
request; he remained in the Saturn and used his phone.
See Gov.'s Ex. D at 00:08:06-00:08:21. Deputy
Khattar, meanwhile, stood at the rear passenger window, with
his weapon holstered, shining his flashlight on Defendant.
Id. The two ARU investigators remained behind the
Saturn. ECF No. 17, PageID.59; see also Gov.'s
Ex. E at 00:02:34-00:07:01
running the false name through the LEIN, Deputy Hogan
approached and asked Investigator Hugle-who initially
broadcasted Defendant's identity-if he could identify the
Defendant. Id. Investigator Hugle positively
responded that he would recognize Defendant if he saw him.
ECF No. 13, PageID.40. At the hearing, Deputy Hogan provided
further details of his exchange with Investigator Hugle
before he returned to the Saturn. He explained that
Investigator Hugle provided him with the same physical
description of Defendant. Investigator Hugle also provided
Deputy Hogan with information about Defendant's criminal
this exchange, Deputy Hogan and ARU Investigators Hugle and
Barnett returned to the Saturn. Deputy Hogan approached the
driver's door, while Investigator Hugle approached the
passenger side, standing next to Deputy Khattar. ECF No. 17,
PageID.60. Once Investigator Hugle saw Defendant, he gave a
“thumbs up” to Deputy Hogan. Id. Deputy
Khattar then opened the passenger door, grabbed
Defendant's right arm, and told him to step out of the
Saturn. Investigators Hugle and Barnett assisted Deputy
Khattar in pulling Defendant out. ECF No. 13, PageID.40. As
the officers pulled Defendant out, Deputy Hogan observed a
firearm in Defendant's waistband. He alerted the
officers, “gun in his waistband!” three times.
Gov.'s Ex. B at 00:22:01. The officers took Defendant to
the ground and tased him several times. Id.
Khattar and Investigators Hugle and Barnett then removed a
Hornady 9mm pistol from Defendant's waistband.
Id. The officers subsequently patted Defendant down
and strip searched him on the side of the road. ECF No. 13,
PageID.40. Deputy Hogan was particularly concerned with
finding the pistol's magazine. See Gov.'s Ex
B at 00:08:10; 00:11:30; 00:15:40. Once Defendant was in
custody, the officers searched the Saturn and found a 30
round Glock magazine, which matched the pistol, in the back
seat. ECF No. 17, PageID.61.
now challenges the admissibility of the fruits of the alleged
illegal arrest. Id. at PageID.41. He concedes that
the officers had justification for the initial traffic stop.
However, Defendant submits that the officers then lacked
probable cause or reasonable suspicion to extend the stop.
Id. He therefore argues the firearm and ammunition
should be suppressed. Id.
Government claims that Defendant was briefly detained only
for Deputy Hogan to complete the traffic stop. ECF No. 17,
PageID.55. Furthermore, it purports that the officers had
reasonable suspicion for the ensuing Terry stop and
then probable cause to arrest Defendant upon Investigator
Hugle's positive identification. Id. at
PageID.64. The Government argues that the recovered firearm