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United States v. Caraang

United States District Court, W.D. Washington, Seattle

May 15, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ARJAY CARAANG, Defendant.

          ORDER

          JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on Defendant's motion to suppress (Dkt. No. 32) and the Government's motion to seal (Dkt. No. 41). Having thoroughly considered the parties' briefing and the relevant record, the Court finds that neither an evidentiary hearing nor oral argument is necessary[1] and hereby DENIES Defendant's motion to suppress (Dkt. No. 32) and GRANTS in part and DENIES in part the Government's motion to seal (Dkt. No. 41) for the reasons explained herein.

         I. BACKGROUND

         On September 24, 2016, at approximately 1:46 a.m., an employee at the Cloud Nine Tavern (“Cloud Nine”) called 911 to report an incident involving a customer with a gun. (Dkt. No. 30-1 at 2.) Over the next five minutes, the employee provided the following information to the dispatcher who relayed it to police officers responding to the scene:[2]

01:46 - A customer was in the Cloud Nine parking lot waving a gun around.
01:47 - The subject was standing next to a silver Toyota Camry with license plate number ABV-6818.
01:48 - The subject was described as a male, Pacific Islander in his early 20s, about 5'6”, with long black hair, wearing a Seahawks hat and clothing. He had possibly been drinking, and was last seen holding a silver pistol in his right hand.
01:49 - The subject was with 5 to 10 others in the parking lot, listening to loud music and possibly arguing. The reporting party heard the pistol make a “click” sound, which he believed was a round being chambered.
01:50 - The Toyota associated with the subject began reversing in the parking lot, and was last seen possibly pulling out northbound from Cloud Nine.

(Id. at 2-3.)

         The reporting party gave his name and phone number before hanging up. (Id. at 3.) Kent police Officers Rausch and Hale drove to Cloud Nine to identify potential victims and witnesses, while Officers Prusa and Steiner pursued the Toyota. (Id.) As Officer Prusa arrived at Cloud Nine, she saw a silver Toyota Camry with license plate ABV-6818 leaving the parking lot. (Dkt. No. 43-3 at 5.) The CAD log contains the following entries about what happened next:

01:52 - Officer Prusa pulled the Toyota over a few blocks from Cloud Nine.
01:55 - Officer Rausch reported that there was “No PC, No Victim.”
01:56 - Officer Hale reported that a bouncer at the Tavern, different from the original 911 caller, told him that he saw the suspect rack the slide on a chrome handgun and yell “anybody want some?”
01:57 - Officers Prusa, Steiner, and others performed a felony ...

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