Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Reed

United States Court of Appeals, Eighth Circuit

April 16, 2019

United States of America Plaintiff- Appellee
v.
Zachary Scott Reed Defendant-Appellant

          Submitted: February 13, 2019

          Appeal from United States District Court for the Western District of Missouri - Jefferson City

          Before SMITH, Chief Judge, BENTON and STRAS, Circuit Judges.

          BENTON, CIRCUIT JUDGE.

         Zachary Scott Reed conditionally pled guilty to possessing equipment having reasonable cause to believe it would be used to manufacture a controlled substance, in violation of 21 U.S.C. § 843(a)(6) and (d)(2). He reserved the right to appeal the district court's[1] denial of his motion to suppress. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

         I.

         Around 6:00 p.m., Deputy Sheriff Patrick Boatman went to Reed's residence with an arrest warrant for Reed for unlawful use of a weapon. Reed's house has two entrances. Boatman testified he was "uncertain" which was the primary entrance. Between the driveway and house, Boatman saw several empty bottles of Heet fuel additive, a Coleman fuel can, and plastic tubing. Boatman had received information from "concerned citizens" that Reed was involved in producing methamphetamine. He recognized the items on Reed's property as precursors to manufacturing meth. Boatman knocked on the front door. No one answered. He left.

         After midnight, he returned to try to execute the arrest warrant. This time, he went up a set of stairs leading to a deck and back door, instead of trying the front door. There were no barriers or fences blocking the path to the deck and back door. Once on the deck, he saw a glass beaker with a small amount of liquid. Based on his training, he believed the beaker suggested meth manufacturing. He texted a photograph of it to Narcotics Task Force Officer Scott G. Parish. No one answered the back door. Boatman left the residence.

         The next morning, the Sheriff directed Deputy Vince Vanderfeltz to execute the arrest warrant. He told Vanderfeltz, "Deputy Boatman had gone out [to Reed's residence] earlier that same morning, and the night before, to execute that warrant, and that he had seen some items [and] that he wanted [Vanderfeltz] to return to Reed's residence to try to execute the warrant and also to secure the premises." He also told Vanderfeltz to "look for specific items of interest" and "to see if there were still some items out there." Like Boatman, Vanderfeltz had received information that Reed was manufacturing meth.

         Arriving at Reed's residence, Vanderfeltz saw a pickup truck in the driveway near the back door. Walking to the front door, he noticed the empty Heet bottles, the fuel can, and plastic tubing. No one answered the front door. He walked around to the back deck and knocked on the back door. No one responded. Vanderfeltz saw the glass beaker on the back deck. Believing the items he saw were consistent with meth production, he contacted Parish.

         When Parish arrived, he knocked on the front and back doors. He saw the same items Boatman and Vanderfeltz had seen, including the glass beaker. Believing the beaker contained meth, he swabbed it with a field test. It tested positive for meth. Parish left to apply for a search warrant. Reed then walked out of the house and was arrested.

         Parish had been investigating Reed for about a month. Members of the Sheriff's Office-including Deputies Boatman and Vanderfeltz-told him Reed was manufacturing meth. He received a similar tip from an anonymous citizen. Applying for the warrant, Parish swore:

This investigation surrounds Zachary S. Reed . . . . Reed has been under investigation by the Lake Area Narcotics Enforcement Group for several months for manufacturing methamphetamine. During that time, I have received information pertaining to Reed has been [sic] manufacturing methamphetamine at his residence . . . from several members of the Osage County Sheriff's Office and a concerned citizen of Osage County, who wishes to remain anonymous.
I was contacted by members of the Osage County Sheriff's Office advising me that during the course of their duties attempting to serve an outstanding warrant on Reed at his residence, items commonly used in the production of methamphetamine were discarded near and around the residence in plain view. These items included; numerous bottles of HEET, camp fuel, and a ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.