United States District Court, D. Montana, Billings Division
OPINION AND ORDER
P. WATTERS UNITED STATES DISTRICT JUDGE
Douglas Campbell Raleigh is charged with possession with
intent to distribute methamphetamine and possession of a
firearm in furtherance of a drug trafficking crime. He has
moved to suppress the evidence that forms the basis of Counts
I and II of the Indictment. (Doc. 19). On October 5, 2018,
the Court held an evidentiary hearing on Raleigh's
motion. The Court heard from Billings Police Detective Hallam
and Billings Police Officer Foster.
read and reviewed the parties' submissions and the
applicable law, having heard the testimony of the witnesses
noted above, and for the reasons stated on the record by the
Court, Raleigh's motion to suppress is granted.
Court listened to the recording of the anonymous call to
dispatch. Ex. D. The following is taken from the dispatch
February 1, 2018, at 6:53 p.m., an anonymous caller contacted
Billings Police Department's City/County Dispatch and
reported that he was at the Grandstand Bar in Billings,
Montana. (Doc.22 at:15). He stated he would "rather
not" give his name or phone number, but wanted to report
that he had run into a "person of interest" wanted
for questioning by the Billings Police Department for a
"shooting at one of the bars downtown."
(Id. at:26). The caller said that he did not know
the person's real name, but knew that the person went by
"KB,"  and that "KB" was a drug dealer.
(Id. at:32). When asked again if he would give his
phone No. or his name, the caller responded,
"Nope." (Id. at:54). He said that the
police should send a plainclothes officer to investigate so
that the "bar don't get shot up." (Mat 1:01).
dispatch officer asked the caller when the prior bar shooting
occurred and the caller said it happened about three months
earlier, around the same time KB had shot at him.
(Id. at 1:20). The caller stated that the police
should know who the person of interest was, because
"they have been looking for him for a while" and
"he was on the front page of the paper."
(Id. at 1:35). When dispatch asked what KB was
wearing, the caller stated that "he didn't really
get a good look," but that KB had "distinctive
dreadlocks" and "may or may not have a
goatee," was African American, and 6 feet 1 inches tall,
240 pounds. (Id. at 2:45-55).
dispatch officer asked the caller if he knew if KB had any
weapons on him, the caller responded, "he shot at me
before." (Id. at 1:02). The dispatch officer
asked again if the caller knew if KB had any weapons on him,
the caller said, "I don't know tonight... I
didn't walk up and talk to the guy, he shot at me three
months ago." (Id. at 1:13). When dispatch asked
the caller if he knew what type of weapon KB typically
possessed, the caller responded, "nope."
(Id. at 3:55). He said KB shot at him with a pistol,
which he assumed was a revolver because "when they came
to see they couldn't find the shell casings."
(Id. at 4:00). Dispatch asked if the caller knew if
KB typically carried weapons, the caller responded, "he
has shot at people before and he's a drug dealer. I
don't know the guy." (Id. at 4:11-21).
providing a description of KB, the caller reported that he
thought KB was leaving so dispatch "should forget
it." Dispatch asked if he had seen any vehicles leave
the parking lot and the caller responded, "he could be
out there doing drugs, I haven't seen him leave
yet." (Doc. 4:30-4:45). After providing a description of
the parking lot where KB was located, he stated that he saw
KB talking to a brunette with long hair outside of a four
door sedan. (Id. at 6:25-6:35). After a couple
minutes of silence, dispatch asks if the caller can see KB.
(Id. at 8:49-52). The caller states that he
can't "put eyes on him without being too
obvious." (Id. at 8:53-57). He stated that he
knew for a fact "from asking around" that KB
"deals in cocaine and meth." (Id. at
hearing sirens, the caller described his incident with KB and
said that he chased him out of the bar and chased him with
his truck, and that if KB heard the sirens he would run.
(Id. at 9:53-10:13). He stated at that time KB shot
at him, KB was driving a white Honda Pilot. (Id. at
10:21-23). The caller then advises dispatch that the police
need to come around from the rear so that KB cannot see them
coming. (Id. at 10:55-11). The caller continues to
report KB standing in the parking lot and then states,
"they got him." (Id. at 12:50-58).
Dispatch confirms that the "officers are with him"
the caller responds, "yep," and dispatch ends the
call. (Id. at 13:00-05).
dispatch was talking to the caller, dispatch was also
communicating with the Billings Police Department. At 1:40
seconds into the recording, dispatch advised officers of a
suspicious person at the Grand Stand Casino. Specifically,
dispatch states, "complainant states that a suspect in a
bar shooting, there now, gave the name of "KB,"
kilo bravo, doesn't see any weapons but suspect may shoot
the place if he sees a uniformed officer." (Doc. 44 at
officer requests that dispatch look up a shooting at
"Bones," a bar in Billings, on November 17 or 18.
(Id. at 2:40). Dispatch responds that she found the
call related to Bones and she lists off the names of the
individuals involved, none of whom had the initials or names
of "KB." (Id. at 3:25-3:40). Another
officer states that the only bar shooting was the Bones
shooting and "Kruger might have found everyone
associated with that." (Id. at 3:41-3:52).
Another officer states, "yeah, that's the only one I
could think of, but thank you." (Id. at
officer asked if "KB means anything to you" and the
other officer stated he would give Sergeant Finnegan a call.
(Id. at 4:01-08). Dispatch advised at that point
that the suspect was still in the parking lot next to a red
Ford pickup. An officer stated that units are going to the
bar and they do need to have "KD"identified.
(Id. at 5:10-12). Shortly thereafter, Sergeant
Finnegan reported that "KB is not the shooter but he is
a witness that Kruger still needs to get a hold of."
(Id. at 5:28-31)(Doc. 21-1 at 1). Officer Foster and
Detective Hallam parked behind the Grand Stand Casino and
across the street from the Casino. (Doc. 21-1 at 2).
Detective Hallam states that he sees a red Ford Crewcab
pickup in the Grand Stand Casino parking lot.
advises the officers that the suspect's vehicle is not
the red Ford pickup, but is parked next to it. (Id.
at 8:30-57). Dispatch states that the complainant was not
able to give a description of the suspect's vehicle other
than that it was a sedan. (Id. at 8:59-9:01).
Dispatch provides the suspect's description as a 25 year
old black male 6' 1, 240 pounds, long hair in dreadlocks
and goatee talking to a brunette female. (Id. at
9:02-08). Detective Hallam drives through the parking lot in
an unmarked car and confirms he sees a black male east of the
pickup talking to a female. (Id. at 10:48-53); (Doc.
21-1 at 1). He advises that he was going to park in the back
and walk in on foot. (Id. at 10:48-53); (Doc. 21-1
at 2). Detective Hallam asked dispatch if the suspect was
supposed to be wearing a hoody. (Id. at 11:25-30).