United States District Court, D. Montana, Billings Division
L. CHRISTENSEN, CHIEF JUDGE
the Court is Defendant Dekker Karl Boeke's motion to
suppress. (Doc. 25.) The Court denies the motion.
21, 2019, a federal grand jury issued its indictment in this
matter, charging Boeke with one count of prohibited person in
possession of a firearm in violation of 18 U.S.C. §
922(g)(1) and one count of unlawful user of controlled
substance in possession of a firearm in violation of 18
U.S.C. § 922(g)(3). (Doc. 2.) The firearm involved in
both charges was found in a lockbox during a residential
search conducted pursuant to a warrant, the validity of which
is not at issue. Following discovery of the firearm, Boeke
made incriminating statements to law enforcement officers.
before midnight on March 28, 2019, state and Musselshell
County law enforcement officers executed a search warrant at
a home in Roundup, Montana. Acting on reports that a resident
of the home, Chase Allen, had been distributing heroin in
Roundup, the officers were looking for evidence of the
offenses of possession, possession with intent to distribute,
and distribution of dangerous drugs. (Docs. 27-3 & 27-4.)
Specifically, they sought drugs, paraphernalia, weapons, and
various other evidence and contraband of drug possession and
distribution. (Docs. 27-3 & 27-4.)
the officers arrived on the scene, they found four men,
including Boeke, in the residence. (Doc. 27-1 at 4.)
According to statements later made by Boeke and Allen, Boeke
had been living in Allen's bedroom for the two weeks
prior to the search. (Doc. 27-1 at 5-6.)
officers found evidence of drug possession and distribution
in Allen's bedroom, including Suboxone film, a box
containing suspected heroin, a second box containing a
marijuana grinder and Narcan, a scale, over a thousand
dollars in cash, and Ziploc baggies, some of which contained
suspected heroin. (Doc. 27-6.) They found the relevant
lockbox in one of the bedroom's closets. (Id.)
brief colloquy regarding their right to open the lockbox,
Musselshell County Deputy Sheriff Travis Manning popped the
box open with a knife. Inside, he found Ziploc baggies, a
Zelda wallet containing Boeke's driver's license and
$263.00 in cash, and a black and purple Ruger .38 special LCR
revolver with four rounds in the cylinder. (Doc. 30.)
approximately 2:00 a.m. on March 29, 2019, Boeke was informed
of and waived his Miranda rights. (Doc. 27-7 at 3-4.)
Speaking to state officers Cameron Pavlicek and Scott
Johnson, Boeke admitted to using heroin two to three times
daily but stated that he did not feel comfortable answering
any questions regarding involvement in drug distribution.
(Id. at 7.)
also demonstrated an awareness of the subject firearm.
Pavlicek asked, "How 'bout the uh, any, any kind of
firearms in the house that you're aware of?" Boeke
responded, "Uhhm, in a lockbox, yeah."
(Id. at 11.) The conversation continued:
Pavlicek: That one in the closet up there?
Boeke: Mmm hmm.
Pavlicek: Who[se] is that?
Boeke: Well I, eh, eh, it is a friend of mine's. It's