United States District Court, D. Colorado
ORDER DENYING MOTION TO SUPPRESS
WILLIAM J. MARTÍNEZ, UNITED STATES DISTRICT JUDGE
The
Government charges Defendant Kenneth Lawrence Baca
(“Baca”) with one count of being a felon in
possession of a firearm in violation of 18 U.S.C. §
922(g)(1). This charge arose out of an October 26, 2018
traffic stop of the vehicle that Baca was driving. Baca moves
to suppress all evidence seized as a result of that October
26 stop. (“Motion”; ECF No. 25.) The Court held
an evidentiary hearing on the Motion on June 27, 2019. For
the reasons explained below, the Court denies the Motion.
I.
BACKGROUND
From
the testimony and exhibits present at the suppression
hearing, as well as the undisputed facts in the parties'
briefs on the Motion, the Court finds as follows.
On
October 26, 2018, Pueblo Police Department Officers Manuel
Pedraza and Christopher Prado asked Detective Sincerbox, also
of the Pueblo Police Department, to surveil a red Ford
Explorer outside 201 West Northern Avenue, Pueblo, Colorado.
(Transcript of June 27, 2019 Hearing (“Tr.”) at
9:14-15.)[1] On other occasions, police had observed
gang members at that location, received information that an
individual with an active warrant frequented that residence,
and had previously been dispatched to that location for
potential narcotics and weapons violations. (Id. at
9:14; ECF No. 30 at 2.)
Detective
Sincerbox saw the red Ford Explorer pull away. (Tr. at 9:16.)
As it did so, Detective Sincerbox read the license plate
number from approximately a hundred yards away. (Id.
at 9:16-17; ECF No. 25 at 2.) He cleared the number that he
read, 044-DQK, through dispatch, which returned a red Ford
Taurus whose registered owner had an active misdemeanor
warrant. (Tr. at 9:16; ECF No. 25 at 2.) Detective
Sincerbox attempted to catch up to the red Ford Explorer but
was unable to do so. (ECF No. 25 at 2.) He informed Officers
Pedraza and Prado that the red Ford Explorer's license
plate did not match the vehicle and that the plate was
associated with an active misdemeanor warrant. (Tr. at 9:18.)
It is
undisputed that Detective Sincerbox cleared the incorrect
license plate number, 044-DQK, through dispatch, transposing
the “K” and “Q.” (ECF No. 25 at 2;
ECF No. 30 at 2.) The actual license plate number of the red
Ford Explorer was 044-DKQ. (ECF No. 25 at 2; ECF No. 30 at
3.) The correct license plate number was a match for the red
Ford Explorer and there were no outstanding warrants for the
registered owner. (ECF No. 25 at 3; ECF No. 30 at 3-4.)
At the
suppression hearing, Officer Pedraza testified that after
Detective Sincerbox contacted him, he drove along Mesa
Avenue, parallel to Northern Avenue, to catch up to the red
Ford Explorer and Detective Sincerbox. (Tr. at 9:20.) He and
Office Prado stayed informed by radio of the location of the
red Ford Explorer and Detective Sincerbox. (Id.) At
approximately 5:16 p.m., Officers Pedraza and Prado caught up
to the red Ford Explorer, and saw it pull into the Sunset
Plaza parking lot. (ECF No. 25 at 2; ECF No. 30 at 2; Tr.
9:21-22.) Officer Pedraza testified that the red Ford
Explorer pulled into a handicapped parking spot, and was
parked for 10 to 15 seconds before he turned on his police
lights and pulled behind the red Ford Explorer. (Tr. at
9:25.) His testimony was further confirmed by a recording of
a jailhouse call in which Baca himself described the
incident. (June 27, 2019 Hearing Gov. Ex. 2.) In that call,
Baca states that he pulled into the parking lot, and
then the officers made a u-turn, pulled in behind
the red Ford Explorer, and activated their patrol lights.
(Id. at 1:05-1:13.)[2]
As
Officer Pedraza got out of the police car, he activated his
body camera, which automatically saved the last 30-seconds of
video-only footage, and began recording video and audio
footage. (Id. at 9:39-40; id. at 10:05.)
The officers approached the vehicle on both the driver and
passenger sides. (Id. at 9:41.) The driver, Baca,
asked why he had been stopped and Officer Pedraza told him
that the plates did not match the vehicle. (Id. at
9:31; June 27, 2019 Hearing Gov. Ex. 3 (“Body
Camera”) at 0:41-0:50.) Officer Pedraza then asked for
Baca's driver's license, proof of insurance, and
registration. (Tr. at 9:31-32.) Baca provided the
registration, which had the correct license plate number.
(Id. at 9:32.) Officer Pedraza again asked for
Baca's driver's license, and Baca informed him that
his license had been suspended. (Id.) Baca did not
provide proof of insurance, and explained that he would need
to contact the owner of the vehicle for insurance
information. (Id. at 9:33.)
At
approximately 5:19 p.m., the officers cleared the correct
license plate number, which matched the red Ford Explorer and
showed that the registered owner had insurance and no
outstanding warrants. (Id. at 9:35-36; ECF No. 25 at
3; ECF No. 30 at 3.) At approximately 5:23 p.m., dispatch
confirmed that Baca did not have any outstanding warrants.
(ECF No. 25 at 3; ECF No. 30 at 3-4.) The officers were still
waiting for Baca to contact the owner of the vehicle and
provide proof of insurance. (Tr. at 9:37.)
At
approximately 5:28 p.m., Officer Pedraza noticed Baca
“reach over to the front seat passenger and heard
something drop inside the vehicle.” (ECF No. 30 at 4;
Tr. at 10:20-21.) Officer Pedraza ordered Baca out of the
vehicle. (Tr. at 10:21.) Officer Prado placed Baca in
handcuffs. (ECF No. 25 at 3.)
Officer
Pedraza opened the driver side door and immediately found a
firearm near the driver's seat. (ECF No. 25 at 3; ECF No.
30 at 4; Tr. at 10:22.)
The
officers then placed Baca in the back of their patrol car.
(ECF No. 25 at 4.) Eventually, Baca was transported to jail
and booked on firearm charges and possession of a small
amount of methamphetamine. (Id.)
II.
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