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United States v. Jones

United States District Court, W.D. Kentucky, Paducah

November 5, 2018

UNITED STATES OF AMERICA, PLAINTIFF
v.
JERMAINE TYRONE JONES, DEFENDANT

          MEMORANDUM OPINION & ORDER

          THOMAS B. RUSSELL, SENIOR JUDGE

         This matter is before the Court on Defendant Jermaine Tyrone Jones's Motion to Suppress. (R. 20). Jones seek to suppress all evidence, including a Hi Point .380 caliber firearm, directly or indirectly obtained from his warrantless stop, detention, and arrest on August 30, 2017. (R. 20). The Court conducted a suppression hearing on July 23, 2018. The United States produced evidence through the direct testimony of Paducah Police Officer Andrew Parrish. Jones produced his evidence through cross-examination of Officer Parrish. Both Parties introduced as evidence video footage from Officer Parrish's body camera.

         At the suppression hearing's conclusion, the Court ordered additional briefing on the matter. Accordingly, Jones has filed Defendant's Memorandum in Support of Motion to Suppress (R. 35), and the United States has responded with its Memorandum in Opposition to Defendant's Motion to Suppress. This matter is now ripe for adjudication. For the reasons that follow, the Court GRANTS Jones's Motion Suppress. (R. 20).

         BACKGROUND

         A. The Domestic Disturbance Call

         On August 30, 2017, Paducah Police Officer Andrew Parrish responded to a disturbance at Ms. Mckinney's residence on Farwood Drive. (Government's Ex. 1). Once there, Ms. McKinney told Officer Parrish that she had been involved in a dispute with her ex-boyfriend, Defendant Jermain Tyrone Jones. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). She told Officer Parrish that she had arrived home from work to find Jones in her home. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). When McKinney asked Jones to leave, he refused. According to McKinney, they then got in an altercation that resulted in Jones throwing a dish soap bottle at her, which struck her in the back. (Government's Ex. 2 -AXONBody-Video 2017-08-031236). McKinney then ran outside where Jones threw cans of sprite at her. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). McKinney said that she was able to dodge the cans, but they had struck and damaged her car. (Government's Ex. 2 -AXONBody-Video 2017-08-031236). At this point, McKinney claims that she fled the immediate area while calling the police. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). When she got back, she witnessed Jones leaving in a “Tahoe-like vehicle with a long body” driven by Mr. Snipes, Jones's friend. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). Upon Parrish probing McKinney's story, she added that at some point her brothers had come and got into a physical altercation with Jones, but they too had left. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). Officer Parrish informed McKinney that Jones was legally considered a resident of the house and that if she wanted to him to leave, she would have to go downtown to initiate a formal eviction process. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). Parrish further instructed McKinney that she would have to go downtown to press criminal charges against Jones. (Government's Ex. 2 - AXONBody-Video 2017-08-031236).

         Officer Parrish witnessed several pieces of evidence that corroborated McKinney's story. Sprite cans were strewn about the yard next to McKinney's vehicle, and her vehicle was damaged. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). McKinney's couch was stained and smelled of detergent. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). Parrish also found an empty dish soap bottle on the ground. (Government's Ex. 2 -AXONBody-Video 2017-08-031236). However, when McKinney showed her back to Officer Parrish, there were no apparent injuries. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). Officer Parrish noted that it might take some time for bruising to occur. (Government's Ex. 2 - AXONBody-Video 2017-08-031236). No. evidence was collected from the residence.

         At the end of Parrish's interaction with McKinney, he completed a Domestic Violence Lethality Screen for First Responders form for the Merryman House per Paducah Police Department policy. (Government's Ex. 3). Parrish also told McKinney that he would stay in the area and complete his paperwork parked outside her house in response to her fears that Jones would come back. (Government's Ex. 2 - AXONBody-Video 2017-08-031236).

         B. Jones's Subsequent Stop

         After Officer Parrish had gotten inside his car and was getting ready to leave, he saw a white Chevy Suburban with two black males inside of it sitting at the intersection adjacent to McKinney's house. (Supp. Hearing R. 7: ¶ 1-19). Ms. McKinney having told Officer Parrish multiple times that she was worried Jones would come back, and the vehicle matching McKiney's description, Parrish got behind the Suburban and pulled it over. (Supp. Hearing R. 7: ¶ 1-19).

         Upon pulling the Suburban over, Officer Parrish approached the passenger side of the vehicle and identified the passenger as Mr. Jones, and the driver as Mr. Snipes. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Jones immediately made mention of an incident with Ms. McKinney. Jones identified McKinney as his girlfriend. (Government's Ex. 2 -AXONBody-Video 2017-08-031308).

         Officer Parrish then asked Jones to exit the vehicle. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Jones reluctantly complied. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Parrish escorted Jones to Parrish's vehicle and did an initial search of his person before proceeding. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Nothing was found. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). On the side of the road next to Parrish's vehicle, Parrish questioned Jones about McKinney's allegations. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). He denied everything-he didn't know anything about the sprite cans, the detergent on couch, fighting with McKinney's brothers, or throwing dish soap. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Parrish then arrested Jones for fourth-degree assualt of Ms. McKinney. (Government's Ex. 2 -AXONBody-Video 2017-08-031308).

         Upon arrest, Jones was searched again. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Nothing illegal was recovered. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Jones was then placed in the back of Parrish's vehicle. After being in the back of the car for several minutes, Jones began fidgeting. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). When Officer Parrish opened the back door of the vehicle, Jones started yelling that his hand cuffs were too tight. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). When checking Jones's cuffs, Officer Parrish found a High Point .380 firearm in the back of his police car. (Government's Ex. 2 - AXONBody-Video 2017-08-031308). Jones was then ...


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