United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. BROOMES UNITED STATES DISTRICT JUDGE
case comes before the court on Defendant's motion to
suppress (Doc. 23). The motion has been fully briefed (Docs.
35, 39) and the court held an evidentiary hearing on November
6, 2019. Defendant's motion is DENIED for the reasons
Facts and Procedural History
22, 2019, the Wichita Police Department was investigating a
homicide that occurred around 6 p.m. in the evening. Several
weapons were fired at the scene of the homicide. The weapon
had not yet been recovered by the police. Through the
homicide investigation, Wichita officers learned that
Defendant Emanuel Goines was present at the scene of the
homicide. Defendant was with Quantezz Butler on that evening.
Both Defendant and Quantezz were known to the Wichita
officers as gang members. Officers also learned that Quantezz
had been in possession of a firearm at the scene of the
25, officers continued to investigate the June 22 homicide.
Based on the information learned in the investigation, a
member of the Wichita Police Department issued a
“felony pick-up order” for Quantezz. A felony
pick-up order is not a warrant but appears to be a general
authorization to arrest arising from a determination that
officers had probable cause to arrest Quantezz for the
homicide based on information learned in the
investigation. Officers were also looking for Defendant
so that they could interview him about the homicide. Officers
had intended to ask Defendant if he would agree to go to the
police station to be interviewed. Officer Jeremy Henry was
involved in the homicide investigation and in the
surveillance on June 25. Henry was driving a patrol vehicle
on June 25 and riding with Officer Christopher Hornberger.
Officer Jamie Thompson was also involved in the surveillance
and operating undercover.
part of his duties, Henry utilizes social media as an
investigative tool. Henry uses both Facebook and Snapchat. On
his Snapchat account, Henry is friends with a user named
“Pooh Hefner.” Based on the profile information,
the photographs on the account, and similar associates, Henry
believes that “Pooh Hefner” is Defendant.
Defendant is a comedian and also uses the name “Pooh
Hefner” as a stage name.
officers were patrolling in Wichita, Henry was monitoring the
“Pooh Hefner” Snapchat account. Henry viewed live
videos that were posted to the account. Henry testified that
the videos are limited, by the app, to ten seconds. In the
first live video, it appeared that the user was at a funeral.
At that time, there was a funeral occurring in Wichita for
Freddy Trezvant, a known gang member. Henry also viewed
another live video that showed four men in a vehicle. The
video showed a driver dressed in black, a front passenger
with what appeared to be a white t-shirt, a rear passenger
with a Hawaiian shirt, and an individual who appeared to be
Defendant. The individual who appeared to be Defendant was
sitting in the rear passenger seat and wearing a white
t-shirt that was made for the Trezvant funeral.
was conducting surveillance at the funeral. Henry,
Hornburger, and Thompson were in communication regarding the
surveillance. Based on the information in the Snapchat video,
Thompson was searching for a vehicle that had four younger
men. Thompson observed a silver Chevy Trailblazer which
appeared to have three or four young men. Thompson relayed
the license plate information to Henry. One of the officers
determined that the license plate was registered to Kenneth
Butler, Sr., who was Quantezz' father. Quantezz also had
a brother, Kenneth Jr. It was determined that Kenneth Jr. did
not have a valid driver's license.
officers planned on stopping the vehicle after they
determined that the driver was either Quantezz or Kenneth.
Based on a review of the Snapchat video and pictures of both
Quantezz and Kenneth, the officers could not determine who
was driving the Trailblazer. The officers planned to initiate
the car stop after the burial at the cemetery. The
Trailblazer, however, did not go to the cemetery. While
following the Trailblazer, Thompson observed the vehicle
swerve several times over the center lane. After the
Trailblazer did not go into the cemetery, the officers
decided to stop the vehicle for the traffic violation of
failing to maintain a single lane, which is a violation of
both state and local law.
patrol car activated its emergency lights to conduct the
traffic stop. This initiated the video and audio recording in
the police vehicle. The Trailblazer initially appeared to
pull over in a parking lot but then sped off. The Trailblazer
swerved in the parking lot and sped down the street. During
the pursuit, the Trailblazer was speeding, almost crashing,
cutting through private lots, and the passenger doors kept
opening and closing. During the pursuit, Hornburger can be
heard on the audio reciting traffic violations as they
4100 block of East Vesta, a car door on the passenger side
opened and something was thrown out of the Trailblazer.
Shortly thereafter, an individual jumped out of the
Trailblazer. Hornburger thought that it was the individual in
the rear passenger seat, who the officers believed to be
Defendant. Hornburger then pursued that individual on foot.
Thompson was also pursuing the Trailblazer and was able to
maneuver her vehicle around the block and intercept the
suspect who fled on foot. That individual turned out to be
Kevin Johnson, not Defendant. In the meantime, the
Trailblazer continued to flee from Henry. During that short
time, Hornburger questioned Johnson regarding the individuals
who remained in the Trailblazer and asked if there were any
weapons in the vehicle. In response to the question regarding
weapons, Johnson stated that there might be “a
thing” or “something” in the car, which
Hornburger understood as street slang for a weapon. Based on
Johnson's responses, Hornburger believed that there was a
weapon in the Trailblazer. Hornburger then notified the other
officers of this information over the radio. A short time
later, both the rear passengers jumped out of the
Trailblazer. The individual wearing the Hawaiian shirt went
to the west. The individual in the white shirt went east. The
officers believed that this last person was Defendant. As he
was running from the vehicle and into the neighborhood, Henry
observed that the individual believed to be Defendant was
holding his left arm close to his body while his right arm
was swinging. Henry testified that this asymmetrical swing of
the arms while running is indicative of someone who is armed.
He observed the individual believed to be Defendant go east
behind 1528 N Belmont. Henry then continued to pursue the
heard over the dispatch channel that the individuals seated
in the rear had jumped out of the Trailblazer. She drove
south on Broadview, which is one block away from Belmont.
Thompson saw an individual matching the suspect's
description walking in a hurried manner. Thompson recognized
the individual as Defendant. Thompson ordered Defendant to
the ground and testified that he was detained because he had
fled from the officers while they were attempting to conduct
a car stop. Defendant was placed in handcuffs after several
additional officers arrived. Defendant was taken to the
police department by Officer Tapia where he was interviewed
by police. During the interview, Defendant waived his
Miranda rights and made a statement.
same day, officers remaining on the scene recovered a handgun
from the backyard of 1528 N Belmont. On July 16, 2019,
Defendant was indicted pursuant to 18 U.S.C. §
922(g)(1). (Doc. 1.) The indictment contains one count of
felon in possession of a firearm. Defendant has moved to
suppress his statements that he made while in custody on the
basis that his arrest lacked probable cause.