Davis v. United States

759 A.2d 665, 2000 D.C. App. LEXIS 228, 2000 WL 1358490
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 21, 2000
Docket97-CF-1882
StatusPublished
Cited by17 cases

This text of 759 A.2d 665 (Davis v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. United States, 759 A.2d 665, 2000 D.C. App. LEXIS 228, 2000 WL 1358490 (D.C. 2000).

Opinion

SCHWELB, Associate Judge:

Following the denial of his motion to suppress tangible evidence, John Henry Davis, Jr., entered a conditional plea of guilty to possession of crack cocaine with intent to distribute it (PWID). On appeal, Davis contends that the trial judge erred in denying his motion to suppress. Although we agree with the motions judge that the dispositive question, namely, whether the arresting officer had probable cause to search Davis, “is a close call indeed,” we discern no error. Accordingly we affirm.

I.

THE TRIAL COURT PROCEEDINGS

The sole witness at the hearing on Davis’ motion was Officer Mark Frantzen of the United States Secret Service. Frantzen testified that at approximately 1:55 a.m. on September 23, 1995, he was transporting a recovered stolen Honda automobile to the Metropolitan Police Department’s (MPD’s) impound lot at 9th and L Streets in northwest Washington, D.C. Frantzen, who was in uniform, was driving south on 9th Street when he was flagged down by a citizen at the intersection of 9th and T Streets, N.W. The citizen, who was on foot, told the officer that he had seen a black man in a wheelchair in the 1800 block of 9th Street selling crack cocaine out of his right shoe. The citizen stated that the alleged seller had approximately twenty ziplock bags secreted in the shoe.

Officer Frantzen asked the informant to identify himself, but the man declined to do so. According to Frantzen, the citizen

was acting very nervous. He wanted to get out of the area. He was being real brief with me. His statements were quick as far as the description of the individual and where the narcotics were.... He said he lived in the area and that, you know, he feared for his safety by giving this information to the police, that he just wanted to get this information out and be on his way.

The citizen did reveal that he had worked for Officer Queen, a vice officer from the MPD’s Third District. Frantzen testified that he was acquainted with Queen. 1 Although Frantzen was able to recall and describe in some detail his informant’s appearance, 2 he knew very little more about the man. 3

*668 After receiving the tip, Officer Frantzen drove south on 9th Street and looked to his left on T Street. He observed a black man in a wheelchair at the exact location where the informant had said the suspect would be. Two other men were standing at a wrought iron fence gate nearby.

Officer Frantzen drove the stolen car to the impound lot a few blocks away. There, Frantzen advised his partner of the information that the citizen had provided, and the two officers proceeded to 9th and T Streets. The man in the wheelchair, later identified as appellant John Henry Davis, Jr., was still at the same location, and the two men Frantzen had seen before remained in the vicinity.

Officer Frantzen approached Davis 4 and noticed that the laces on Davis’ work-type boots were untied. He told Davis that he (Frantzen) had received a complaint that Davis was selling narcotics in the area and that “I need to see, you know, if you [have] got any drugs on you.” Davis responded that he was not selling drugs, and he denied that he had any drugs on him. Frantzen described the events that ensued:

Q. Okay. And what did you do next?
A. The citizen who had told me said it was in the right shoe. So, I immediately just went to the right shoe and looked to see if there [were] any narcotics there. And I found a sandwich bag with several ziplocks of a white rock like substance contained there.
Q. What did you do next?
A. At that time I called for another crime-scene-search officer to come and field test the narcotics, turned that over to him. 5 He field tested it.
Q. Well, let me stop you. After you found the sandwich bag in his foot did the defendant say anything?
A. Yes. He said, you got me.
Q. Did you prompt him in any way to say that?
A. No.

Following the discovery of the cocaine, Davis was arrested and charged with PWID.

Davis filed a motion to suppress evidence and statements, arguing that prior to the recovery of the contraband, the police lacked probable cause to search him. The motions judge initially perceived potential merit in Davis’ position, asking rhetorically whether it was not “the reasonable thing for the officer to make further inquiry of the defendant instead of reaching immediately into the boot.” He added that “[o]n its face my intuition is, that’s unreasonable what the officer did.” After reviewing the authorities cited to him by counsel, however, the judge concluded that the government had established probable cause:

I carefully read the authorities cited by both sides and contemplated the matter. This is a close call indeed. And there are some distinguishing factors between Mr. Davis’ case and [Parker v. United States, 601 A.2d 45 (D.C.1991) ]. But I do believe, somewhat to my surprise, that the Court of Appeals in Parker supports the conduct taken by the officers in this case. I think that this case is sufficiently analogous to Parker to be — for the officer’s conduct to be sup *669 ported. And I find the seizure of the drags based on the information of the informant which I think the officer could find to be credible, especially after he found corroboration of much of what that citizen said seconds after he drove off from the corner of 9th and T and saw the defendant there on the sidewalk, and then returned, of course, five to six minutes later.
And therefore relying on Parker principally I’m denying the motion to suppress tangible evidence. I find Mr. Davis’ statement to be a spontaneous utterance, not the product of custodial interrogation. And the motion to suppress that statement is denied as well.

After making the foregoing ruling, the motions judge accepted Davis’ conditional plea of guilty. The trial judge sentenced Davis to a term of imprisonment, to be followed by a period of probation. This appeal followed.

II.

LEGAL DISCUSSION

A. Probable cause and the standard of review.

It is undisputed that Officer Frantzen’s intrusion into Davis’ shoe to retrieve the drags, which were not in plain view, constituted a “search” within the meaning of the Fourth Amendment’s proscription against unreasonable searches and seizures. 6 Both parties thus agree that the proper disposition of this appeal turns on whether, at the time the search was conducted, the officer had probable cause to arrest Davis and to search him incident to that arrest. See Rawlings v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McClam v. United States
District of Columbia Court of Appeals, 2025
Jenkins v. District of Columbia
District of Columbia Court of Appeals, 2020
In re S.B.
44 A.3d 948 (District of Columbia Court of Appeals, 2012)
State v. Satter
2009 SD 35 (South Dakota Supreme Court, 2009)
Robinson v. State
888 N.E.2d 1267 (Indiana Court of Appeals, 2008)
United States v. Sanchez
519 F.3d 1208 (Tenth Circuit, 2008)
Joseph v. United States
926 A.2d 1156 (District of Columbia Court of Appeals, 2007)
Fleming v. United States
923 A.2d 830 (District of Columbia Court of Appeals, 2007)
Gamble v. United States
901 A.2d 159 (District of Columbia Court of Appeals, 2006)
Barrie v. United States
887 A.2d 29 (District of Columbia Court of Appeals, 2005)
Nixon v. United States
870 A.2d 100 (District of Columbia Court of Appeals, 2005)
Griffin v. United States
850 A.2d 313 (District of Columbia Court of Appeals, 2004)
Jones v. United States
828 A.2d 169 (District of Columbia Court of Appeals, 2003)
White v. United States
763 A.2d 715 (District of Columbia Court of Appeals, 2000)
United States v. Valentine
Third Circuit, 2000

Cite This Page — Counsel Stack

Bluebook (online)
759 A.2d 665, 2000 D.C. App. LEXIS 228, 2000 WL 1358490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-united-states-dc-2000.