Commonwealth v. Ramey

51 Va. Cir. 476, 2000 Va. Cir. LEXIS 73
CourtRoanoke County Circuit Court
DecidedApril 11, 2000
DocketCase No. CR99001659-00, 1659-01
StatusPublished

This text of 51 Va. Cir. 476 (Commonwealth v. Ramey) is published on Counsel Stack Legal Research, covering Roanoke County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Ramey, 51 Va. Cir. 476, 2000 Va. Cir. LEXIS 73 (Va. Super. Ct. 2000).

Opinion

By Judge Jonathan M. Apgar

On August 21,1999, at approximately 2:09 p.m., Officer Vineyard of the Roanoke City Police Department received a transmission from police dispatch alerting officers to look for a vehicle with a white female driver and a black male passenger. In addition to a description of the occupants, the message contained a description of the car, its license plate, and the last known geographic location of the vehicle.

The dispatch warned that the vehicle contained a black male “involved” in a fatal shooting that had occurred approximately fourteen hours earlier that day. Before hearing the dispatch, Officer Vineyard already knew about the fatal shooting as well as a retaliatory shooting that happened in the intervening hours. Officer Vineyard knew that an individual named Timothy Buford and a juvenile were the two suspects in the fatal shooting. However, Officer Vineyard did not know whether the shooting involved a third party or a getaway driver.

Immediately after hearing the police broadcast, Officer Vineyard spotted a vehicle matching the described vehicle, both in color and occupants, traveling in the right geographic area. After the vehicle voluntarily stopped at a laundromat, Officer Vineyard pulled in behind the vehicle and called for two other officers to assist in an investigatory stop. Two other officers arrived, each in their own vehicle, also blocking in the suspected vehicle.

[477]*477During the investigative stop, Officer Vineyard approached the vehicle and asked the passenger, the Defendant, for identification. Upon viewing the apparently valid license, Officer Vineyard concluded that the passenger was neither Timothy Buford nor a juvenile. However, Officer Vineyard did not have enough information to conclude that the car was not involved in the shooting.

Officer Vineyard detained the Defendant for less than ten minutes in all. Pursuant to standard police department procedure, Officer Vineyard kept the Defendant’s license while he ran a computer check to discover any outstanding warrants against the Defendant. The background check accounted for roughly five minutes of the ten-minute time frame during which the officers detained the Defendant.

After finding an outstanding warrant on the Defendant, Officer Vineyard asked the Defendant to exit the vehicle. At that time, the Defendant grew “wild,” resisted, wedged himself into the car, reached toward his back, and threw a bag between the front two seats. The Defendant’s behavior was such that the officers feared for their safety. When the officers removed the Defendant from the vehicle, Officer Vineyard observed the weapon and contraband that brought the charges pending before the Court.

The Defendant bases his motion to exclude the weapon and contraband evidence on two claims. First, the Defendant claims that the officers lacked reasonable suspicion to conduct the initial investigatory stop because of the vague language given by the dispatch. In the alternative, the Defendant argues that the dispatch call itself lacked credibility, and therefore, the detention was unlawful. Second, the Defendant claims that once the officers determined that the Defendant was neither of the two suspects, Ramey’s continued detention was unlawful.

The undisputed facts establish that the police subjected Ramey to an investigatory stop. The stop of a vehicle and detention of the driver constitutes a seizure within the meaning of the Fourth Amendment, even though the stop is limited and the detention brief. See, Deer v. Commonwealth, 17 Va. App. 730, 732 (1994) (citing Castaneda v. Commonwealth, 7 Va. App. 574, 579 (1989) (en banc)). Two issues arise in the case at bar. They are whether the police had reasonable suspicion to conduct the investigatoiy stop, and whether the stop, and subsequent detention, violated Ramey’s right protected by the Fourth Amendment to the United States Constitution to be free from an unreasonable seizure.

The Fourth Amendment provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” U. S. Const., Amend. IV. The [478]*478Fourth Amendment does not, however, require a police officer to “simply shrug his shoulders and allow a crime to occur or a criminal to escape. A brief stop of a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.” See Beckner v. Commonwealth, 15 Va. App. 533, 537-38 (1993) (emphasis added) (citing Adams v. Williams, 407 U.S. 143, 145-46 (1972)).

I. Reasonable Suspicion for Investigatory Stop

Although Ramey argues that the officers lacked reasonable suspicion to conduct the investigatory stop, Ramey admits that based on the description of the vehicle and passengers, Officer Vineyard had a sufficient basis to reasonably conclude that the vehicle he observed matched the described vehicle. Ramey argues that even after matching the vehicle, Officer Vineyard lacked sufficient basis to stop the car for two reasons. First, Ramey argues that the dispatch description of “somehow involved in the shooting” is too vague to be the basis of reasonable suspicion. Second, as the officers did not know the source of the information given by dispatch, the officers should not have relied on the dispatch as credible information.

A. Dispatch Language

Ramey argues that the language given by dispatch, that the vehicle or its occupants may have been “somehow involved in the shooting,” is too vague for the police to rely upon in forming their reasonable suspicion to conduct an investigatory stop. However, the Defendant admits that the officer had enough information to determine that the observed vehicle could match the vehicle described by dispatch. A police officer may stop and question a person, provided the officer has reasonable, articulable suspicion to believe the person may be involved in criminal activity. See Terry v. Ohio, 392 U.S. 1, 30 (1968). The Terry rule applies to investigatory stops of automobiles. See Pleasants v. Commonwealth, No. 1321-98-2, 1999 WL 1133711, at *2 (Va. App. Oct. 26, 1999).

Reasonable suspicion, while requiring less of a showing than probable cause, requires at least an objective justification for making the stop. See United States v. Sokolow, 490 U.S. 1, 7 (1989). In using the objective standard, the Court must ask whether the facts, available to the officer at the moment of the seizure or the search, would “warrant a man of reasonable caution in the belief’ in the appropriateness of the action taken. See Deer at [479]*479734. In determining whether a police officer had a particularized and objective basis for an investigatory stop, the Court must consider the totality of the circumstances. See United States v. Cortez, 449 U.S. 411, 417-18 (1981).

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Related

Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Adams v. Williams
407 U.S. 143 (Supreme Court, 1972)
United States v. Cortez
449 U.S. 411 (Supreme Court, 1981)
United States v. Place
462 U.S. 696 (Supreme Court, 1983)
United States v. Sokolow
490 U.S. 1 (Supreme Court, 1989)
Ramondo D. Fogg v. Commonwealth of Virginia
525 S.E.2d 596 (Court of Appeals of Virginia, 2000)
Deer v. Commonwealth
441 S.E.2d 33 (Court of Appeals of Virginia, 1994)
Jacques v. Commonwealth
405 S.E.2d 630 (Court of Appeals of Virginia, 1991)
Castaneda v. Commonwealth
376 S.E.2d 82 (Court of Appeals of Virginia, 1989)
Beckner v. Commonwealth
425 S.E.2d 530 (Court of Appeals of Virginia, 1993)
Hatcher v. Commonwealth
419 S.E.2d 256 (Court of Appeals of Virginia, 1992)
Thompson v. Commonwealth
431 S.E.2d 72 (Court of Appeals of Virginia, 1993)

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Bluebook (online)
51 Va. Cir. 476, 2000 Va. Cir. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-ramey-vaccroanokecty-2000.