Submitted: February 13, 2019
from United States District Court for the Western District of
Missouri - Jefferson City
SMITH, Chief Judge, BENTON and STRAS, Circuit Judges.
BENTON, CIRCUIT JUDGE.
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 denial of his motion to suppress.
Having jurisdiction under 28 U.S.C. § 1291, this court
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.
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.
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.
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
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.
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 ...