United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
C. Herrera U.S. District Judge
relevant facts of this case arise from a series of four armed
robberies of Subway restaurants and marijuana dispensaries in
the spring of 2018. Early police investigation of the first
robbery zeroed-in on a man named C. Ramos-Goodrich as a
primary suspect. However, Mr. Ramos-Goodrich dropped-out as a
suspect when surveillance of him produced no leads and a
state judge refused to authorize a warrant for his arrest.
Meanwhile, three more robberies unfolded, and a trail of
clues pointed to Defendants as suspects. So police went to a
different state judge and obtained warrants to search
Defendants' homes. In the accompanying affidavits, police
made no mention of Mr. Ramos-Goodrich's earlier role as a
suspect or the fact that a judge had previously denied a
warrant for his arrest.
second judge authorized the search warrants and police
executed the warrant on Defendant Shakeam J. Kinney's
home, police found numerous firearms in Mr. Kinney's
home, leading to federal charges. Mr. Kinney filed a motion
to suppress evidence of the firearms, arguing that under
Franks v. Delaware, 438 U.S. 154 (1978), the
police's failure to mention Mr. Ramos-Goodrich in their
affidavits amounted to material omissions that affected the
issuing judge's probable cause determination. The Court
held a hearing on the motion on February 5, 2019. After
carefully considering the motion, briefs, evidence from the
hearing, and relevant law, the Court concludes that the
motion should be denied.
Court makes the following findings of fact, as supported by
the record, in accordance with Rule 12(d) of the Federal
Rules of Criminal Procedure.
March 19, 2018 two individuals robbed a Subway restaurant in
Albuquerque, New Mexico by gunpoint. The restaurant employees
described one of the robbers as a six-foot-five-inch
African-American male, 250-plus pounds, dressed in black and
carrying an AK-47 style rifle. The second robber was
described as an African-American or Hispanic-American male of
average height and build with facial hair and carrying a
handgun. The robbers fired bullets in the restaurant, leaving
behind casings which officers sent to the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) for testing. Video
footage captured the robbers fleeing in a Dodge Caravan with
the license plate clearly visible.
Police Department Detective Tyler Burt traced the Dodge's
license plate to a man named A. Salazar-Amador, who lived at
the Continental Arms Apartments, an apartment complex in
Southeast Albuquerque. Police surveilled the Dodge, Mr.
Salazar-Amador, and the apartment complex for a while. But
the surveillance of Mr. Salazar-Amador generated no leads
that he was involved in the robbery. However, from
time-to-time police did observe a different man at the
apartment complex who physically resembled the description of
the larger Subway robber. Officers learned that this
man's name was C. Ramos-Goodrich and that he and Mr.
Salazar-Amador were Facebook friends. These facts led
officers to suspect that Mr. Ramos-Goodrich was the larger of
the Subway robbers.
Burt assembled a photo line-up that included Mr.
Ramos-Goodrich's photo and showed the photos to the
Subway employees. Neither employee positively identified
anyone. One employee did say that Mr. Ramos-Goodrich
“kinda” looked like one of the robbers, but
ultimately concluded that Mr. Ramos-Goodrich was not the
robber because the employee knew Mr. Ramos-Goodrich and so
knew he was not the perpetrator. The other employee said that
Mr. Ramos-Goodrich could have been the robber, saying that he
was 60% certain of that identification.
on the employees' statements, Mr. Salazar-Amador and Mr.
Ramos-Goodrich's Facebook friendship, Mr.
Ramos-Goodrich's presence at the apartment complex, and
Detective Burt's review of the Subway video footage,
Detective Burt applied for an arrest warrant for Mr.
Ramos-Goodrich on March 23, 2018. The judge denied the
warrant, finding no probable cause. Detective Burt did,
however, obtain a warrant to search Mr. Ramos-Goodrich's
historical cellular phone data to discern whether the
phone's tracking data would have placed him at the Subway
on the day of the robbery.
April 3, 2018, two same-day armed robberies occurred, one of
another Subway restaurant and one of a marijuana dispensary.
Only one individual robbed the Subway restaurant that
morning, while two individuals robbed the marijuana
dispensary later in the day. A witness at the second robbery
described one of the suspects as a “huge”
African-American man, standing at about six feet and five
inches. The second suspect, the shorter of the two, wore
black and neon green Nike running shoes. A silver Mercedes
sedan was used in both robberies.
Burt traced the Mercedes' license plate to Defendant
Lalonzo Simmons. Detective Burt's search of the Motor
Vehicle Database showed that Mr. Simmons was six-foot-five,
African-American, and weighed 290 pounds. The next day, on
April 4, officers obtained a warrant to place a GPS tracker
on Mr. Simmons' car. Moreover, Detective Burt's
review of the video footage from the first Subway robbery on
March 19, 2108 and the marijuana dispensary robbery showed
that the taller suspect wielded the same distinctive rifle in
each robbery. It was at this point that Detective Burt
realized that officers misidentified Mr. Ramos-Goodrich for
on April 9, 2018 ATF got back to Detective Burt about the two
bullet casings found at the first Subway restaurant robbery
from March. According to ATF, the casings were connected to
casings recovered from a shooting that happened across the
street from the Continental Arms Apartments. This shooting
occurred two-days after the first Subway robbery, or on March
21, 2018. Officers spoke to the Continental Arms Apartment
manager, who said that she saw Mr. Kinney entering the
building after the shooting. At that point police earnestly
suspected Mr. Kinney was involved in that shooting and
possibly the robberies because of the matching bullet casings
and his physical resemblance to the smaller of the robbers
seen on video footage. Police began surveilling Mr. Kinney
throughout April 2018. On April 10, 2018, for example,
officers saw Mr. Kinney at the Continental Arms Apartments
wearing black and neon green Nike shoes. Detective Burt no
longer considered Mr. Ramos-Goodrich a suspect in any of the
1, 2018 at about ten o'clock in the morning, Defendants
were allegedly seen on video robbing another marijuana
dispensary by gunpoint. Footage allegedly captured Mr. Kinney
entering the dispensary with his face uncovered, firing a
round into the ceiling, and putting a gun to an
employee's head as she emptied the cash register. Mr.
Simmons was filmed standing guard at the door. Two-minutes
later, the men fled in a stolen getaway truck that was found
abandoned about an hour later. The GPS tracker on Mr.
Simmons' Mercedes revealed that the Mercedes was in the
same location where the truck was found abandoned, suggesting
that the Mercedes retrieved Defendants from the getaway
warrants were assembled. At 7:52 P.M. a state judge signed a
warrant to search Mr. Kinney's apartment, which officers
executed at 8:56 P.M. However, the Computer Aided Dispatch or
“CAD” report had a notation - “Entry is
Inside” - at 7:31 P.M, roughly 20 minutes before the
judge signed the search warrant. Detective Burt could not
explain the chronology of entries appearing on the CAD report
and why the “Entry is Inside” notation appeared
before the judge authorized the warrant because he was not on