United States v. Dowdell

595 F.3d 50 (1st Cir. 2010)

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Nature of the Case

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Facts

Joao Monteiro posing as a construction worker drove an unmarked car with a concealed audio transmitter and a video camera that focused on the automobile's interior passenger compartment. Monteiro observed D standing on the sidewalk with a man named Robert White, whom Monteiro recognized from previous encounters. D was wearing dark pants and a black shirt. D and White were counting cash. Monteiro signaled to White that he wished to purchase crack cocaine, and White went to talk to D. White approached Monteiro's car and got into the passenger seat. White told Monteiro that D was a trustworthy dealer. After purchasing 1.1 grams of crack cocaine for $230, Monteiro asked White whether 'the dude in black' was the person to see for future purchases if White were unavailable. White replied affirmatively and informed Monteiro that D went by the name 'Smoke.' Monteiro returned and saw D on a bicycle. Monteiro approached D looking for White. D then biked over to White and White came over to Monteiro's car and, for the second time that night, sat down beside Monteiro in the passenger seat. Monteiro told White that he wished to purchase more drugs, as well as baggies for repackaging. White agreed and, after directing Monteiro to a parking area close to the spot of the first transaction, sold him 1.2 grams of crack cocaine and baggies for $ 210. Monteiro returned for a third buy and saw D standing in a small group, wearing blue jeans and a blue checkered shirt. Monteiro asked for White, who was unavailable. Monteiro asked for directions and drove away. Monteiro returned looking for D who was standing on the sidewalk, still wearing a blue checkered shirt. Monteiro called out 'Yo, Smoke, can I holler at you.' D approached Monteiro's car, and Monteiro asked for about $ 200 worth of crack cocaine. D left briefly to meet with another individual and returned with six bags of crack cocaine, worth approximately $100. Seven more bags would eventually follow. The total weight of the thirteen bags was approximately 2.3 grams. D was only partially visible on the video that Monteiro's surveillance camera recorded. Monteiro narrated a description of D for the surveillance recording. D was arrested on an outstanding warrant and a booking photo was taken. D was wearing a blue checkered shirt, as Monteiro had described earlier in the day. four hours after completing the buy from D, Monteiro was shown the photograph and identified the depicted individual as 'Smoke.' At trial, D claimed misidentification. He claimed that he was not the 'Smoke' referred to in surveillance recordings and that the video footage was inconclusive as to whether a man with a blue checkered shirt was actually involved. The government (P) introduced the booking sheet from the July 16 arrest and several of White's July 6 statements captured on videotape. The booking sheet contained both the photograph of Dowdell in the blue checkered shirt on which Monteiro had based his identification, as well as a textual description of D's clothing as including a 'blue plaid shirt.' D argued it was inadmissible because 803(8) forbids the introduction of police reports against criminal defendants. The court found admissibility under 801(d)(1) and 803(8) (because the document reflects routine procedures based upon information from the defendant himself and not observations, conclusions, or opinions of police officers which are normally contained in police reports). D was convicted and appealed in part because the booking sheet should have been excluded.