United States v. Stamper

91 Fed.Appx. 445 (6th Cir. 2004)

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Nature of the Case

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Facts

D, falsely identifying himself as 'Rob Love,' asked Jeff Cochran ('Cochran'), a 65-year-old salesman, about test-driving a 1996 red Pontiac Trans Am. D informed Cochran that, in the black fanny pack around his waist, he had $5,000 in cash for a down payment on the car. Cochran went on the test drive, and after stopping the vehicle at a convenience, store D removed a small caliber pistol from his fanny pack and pointed it at Cochran. D told Cochran something like, 'Old man, sit over there and don't say a word.' D left the store and drove down a country road, where he forced D to exit the car to 'take a walk.' Cochran pleaded for his life. D grabbed Cochran by the arm and dragged him up a hill into a wooded area. While walking through the woods, Cochran surreptitiously dropped his wallet on the ground. After stopping well into the wooded area, D removed work gloves, black electrical tape, and handcuffs from his fanny pack. D handcuffed Cochran's hands behind his back, gagged him, and bound his mouth and legs with the electrical tape. D could not find Cochran's wallet in his back pockets, so D kicked him in the back. Leaving Cochran in the woods, D fled in the Trans Am. Cochran escaped. Cochran declined medical treatment at that time. Later that evening, Cochran became dizzy and went to a local hospital. D picked up Rachel Bonapfel ('Bonapfel'), and their two children sometime after the car-jacking. They traveled across the country staying in inexpensive motels, where they paid in cash. Bonapfel always registered in her name because D had warrants for his arrest on unrelated charges. While traveling, Bonapfel, using a disposable camera, took pictures of D driving the vehicle in various parts of the country. Police noticing the red Trans Am, ran a NCIC check on the license plate number through dispatch. The license plate number was stolen and did not match the Trans Am. They ran a check on the Trans Am's Vehicle Identification Number and discovered it had been stolen in an armed robbery and, thus, that an occupant of the vehicle was probably armed. Without knocking, police opened the door to the motel room with the passkey, breaking the chain lock that prevented him from fully opening the door. Identifying themselves as law enforcement, they entered the motel room with their weapons drawn. D, Bonapfel, and their two children had been sleeping. The officers took D into custody. D admitted that the vehicle did not belong to him, but claimed that he had found it in Missouri with the keys inside of it. Officer Parsons then asked D whether he had any weapons in the room; responding in the affirmative, D directed Officer Parsons to a black fanny pack on the table next to the bed in which defendant had been sleeping. Officers seized a .25 caliber Raven Arms handgun. The officers had not obtained a warrant to enter D's motel room. A photographic line-up based upon D's arrest photograph was performed. D was identified as the perpetrator of the car-jacking. D filed numerous pre-trial motions to suppress evidence on Fourth Amendment grounds. Defendant appeals the district court's denial of several of those motions.