United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
March 28, 2018, a federal grand jury returned an indictment
against Kevin Carter ("Carter" or
"Defendant"), charging him with felon in possession
of a firearm and ammunition, in violation of 18 U.S.C. §
922(g). (Indictment, ECF No. 1.) Currently pending before
this Court are the Defendant's Motion to Suppress
Statements (ECF No. 19) and Motion to Suppress Evidence (ECF
No. 20). The parties' submissions have been reviewed, and
this Court held a hearing on the motions on November 28,
2018. For the following reasons, the Defendants' Motions
(ECF Nos. 19, 20) are DENIED.
on the testimony and exhibits presented at the November 28,
2018 hearing, this Court makes the following findings of fact
with respect to this matter. On February 27, 2018, Baltimore
City Police Officer Dean Michael McFadden of the District
Action Team for the Northwest District of Baltimore was on
duty driving a marked patrol vehicle along with Officer Kyle
Kruesi. Around 4:30 p.m., the officers were
traveling northbound on the 4600 block of Reisterstown Road
when they observed an individual wearing two hooded
sweatshirts with one hood up. Although it was late February,
the temperature was around fifty-four degrees Fahrenheit.
Officer McFadden drove the marked patrol vehicle past the
individual, he looked back and recognized the individual as
Kevin Carter, the Defendant. Officer McFadden recognized
Carter from "probably around a hundred"
interactions he had with him while working in the Northwest
District, including when responding to controlled drug
substance ("CDS") calls. He recalled that Carter
was very confrontational and outspoken during his
interactions with police officers, and he had never seen him
hide or otherwise evade any police officers.
McFadden testified that when he looked back and recognized
Carter, it appeared that Carter made eye contact with him and
immediately stopped walking. Carter then went from one yard
of a home to another before crouching down behind shrubbery.
Interpreting Carter's behavior as attempting to evade the
marked patrol vehicle, Officer McFadden pulled the vehicle
over to the side of the road. Officer McFadden testified that
at this time, Carter was approximately four to six row homes
behind the vehicle. He then began backing the vehicle up in
order to turn it around and get a better visual of Carter.
When Officer McFadden began to move the vehicle, however, he
testified that Carter stood up and began sprinting towards an
alley. Officer McFadden then turned onto Virginia Avenue and
Officer Kruesi exited the vehicle to pursue Carter on foot.
At this time, Officer McFadden also turned on his body worn
camera to capture video footage and observed Carter running
back onto Reisterstown Road.
Defendant Carter also testified during the motions hearing,
and he offered a different account of the events that led to
him running down Reisterstown Road. Carter testified that on
February 27, 2018, he was taking a walk when he became tired
on Reisterstown Road. He then sat down on a nearby stoop and
began to look at his phone. He testified that as he was
looking at his phone, he heard a noise "in the cut"
between row homes behind him. Prior to hearing this noise, he
testified that he had not seen any police officers on
Reisterstown Road. When he got up to investigate the noise,
however, he saw a police officer running towards him. Carter
testified that he had never seen a police officer "in
the cut" before. Scared and panicked, he then began
running away from the officer.
Carter sprinted southbound, he saw Officer McFadden in the
patrol vehicle. Video footage from Officer McFadden's
body worn camera shows Officer McFadden identifying his
location as "Reisterstown Virginia." While Carter
was running down Reisterstown Road, Officer McFadden
testified that he observed Carter reach with his hand into
the left backside of his waistband, and the video footage
indicates Officer McFadden saying "he is reaching."
Officer McFadden also activated the patrol vehicle's
emergency lights. After Officer McFadden stopped his vehicle
in an attempt to block Carter, he exited the vehicle and
pursued Carter on foot. As Officer McFadden yelled "come
here Carter" and "get on the ground Carter,"
Carter continued to sprint down Reisterstown Road in and out
of traffic. Carter testified that he did not stop running
because he was scared for his safety. While the chase
continued, Officer McFadden testified that he again saw
Carter reach to check his waistband.
Officer McFadden became close enough to Carter, he shoved
him, causing Carter to hit a fence. When Carter hit the
fence, a firearm slipped out of his back waistband and hit
the ground. At this time, Officer Kruesi caught up to Carter
and Officer McFadden and secured the firearm. Subsequendy,
Carter was arrested.
the officers arrested Carter, they drove him to the police
station. At first the officers and Carter were approached by
medical personnel, requested by Officer McFadden because a
glass liquor bottle that had also been in Carter's
waistband had broken. When Carter refused medical attention, the
officers transported Carter to homicide headquarters. Officer
McFadden's body worn camera captured statements made
during the ride to headquarters, including Officer McFadden
asking for Carter's address. When Carter continued to
make additional statements and ask questions, Officer
McFadden refused to answer and read Carter his
Miranda rights. Carter verbally acknowledged that he
understood his Miranda rights.
Court having seen portions of the video of the interview of
Carter, it is clear that prior to beginning the interview,
Detective Niedermeier read Carter his Miranda rights
and gave him a Miranda waiver form. Officer McFadden
testified that pursuant to Baltimore Police Department
practice, prior to initiating an interview officers give
suspects a Miranda waiver form that lists each
individual Miranda right. The officers then read
aloud each right, ask the individual if he or she understands
them, and ask the individual to initial next to each right to
confirm their understanding. Pursuant to this policy,
Detective Niedermeier read Carter his rights and Carter
acknowledged his understanding by initialing next to each
right. (Gov.'s Exh. 4.) Carter did not, however, sign the
bottom of the form. (Id.)
the interview, Officer McFadden and Detective Niedermeier
were not armed and exhibited a calm demeanor while speaking
with Carter. Neither Officer McFadden nor Detective
Niedermeier threatened Carter, promised him anything, or
offered him anything in exchange for making a statement.
Rather, the video recording of the interview shows Carter,
unsolicited, telling the officers that he has useful
information and that he is willing to share the information
if they allow him to go home. The video shows the officers
responding by telling Carter that if he wants a deal for
exchanging of information, he should speak with an attorney.
Moreover, when Carter requested to use a cell phone to call
his girlfriend and speak with a detective he knew, the
officers permitted him to use his cell phone and brought the
detective into the interview room.
month later, on March 28, 2018, a federal grand jury returned
an indictment against Carter, charging him with felon in
possession of a firearm and ammunition, in violation of 18
U.S.C. § 922(g). (Indictment, ECF No. 1.) Subsequently,
on July 13, 2018, the ...