Davis v. United States

781 A.2d 729, 2001 D.C. App. LEXIS 202, 2001 WL 1107957
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 20, 2001
Docket99-CF-1514
StatusPublished
Cited by17 cases

This text of 781 A.2d 729 (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, 781 A.2d 729, 2001 D.C. App. LEXIS 202, 2001 WL 1107957 (D.C. 2001).

Opinion

STEADMAN, Associate Judge:

Appellant was stopped by police and found in possession of drugs on two separate occasions in November 1997. 1 Appellant challenges the trial court’s denial of his motions to suppress the evidence for both days on the ground that his Fourth Amendment rights were violated. We hold that the trial court correctly found probable cause for the November 3 arrest and resultant search, but that on the record here, the motion to suppress should have been granted with respect to the November 8 stop. 2

I. Facts

At the pretrial hearing on appellant’s motions to suppress, the following facts relative to each incident were developed.

A. November 3, 1997

Jeffrey Clay, a police officer for seventeen years, had been involved in several hundred arrests, many of them related to drugs. On November 3, 1997, at approximately 7 p.m., Officer Clay and an officer *732 in training (Officer Lamont Carter) were in a squad car patrolling the area around 5th and I Streets, N.W., in Washington, D.C., which was known to be a high drug area. Appellant was standing approximately 50 feet away at the corner of 5th and I Streets, “displaying something in his right hand to a black female, who had U.S. currency in her hand.” Officer Clay described appellant’s actions at the time as “pushing his fingers over what was in his hand.... Like he was moving something around with his left hand in his right hand.” Although the officer said that he initially felt the woman was carrying money simply because of “the way it was in her hand”, he was sure it was money once they pulled up to appellant because “[s]he had it clenched, and some of the money was sticking outside of her hand.” Officer Clay knew the woman from experience and complaints from neighborhood citizens as someone who frequented that particular corner — “she is suspected of doing illegal activity of different kinds, illegal activity.”

[W]e pulled out of the alley and pulled right over to where they were. Then she clenched the money that was in her hand, like in a fist like, and he balled his hand up. They started walking northbound on 5th Street, and that would be in the 900 block. And as I pulled my cai' up toward the curb on the wrong side of the street, as where they were walking, Mr. Dexter Davis put the objects he had in his hand, or object, inside of his sleeve pocket.... [W]e jumped out of the car, and I asked both of them to put their hands up, put their hands on the car, and I patted down the sleeve right there where he had put the object.

On cross-examination, the officer explicitly stated that he was not looking for weapons when they began looking in appellant’s sleeve. The following colloquy then took place at the suppression hearing:

Q: Let me stop you for a second. Why did you stop them?
A: Because I suspected them of making — getting ready to make a drug transaction or were dealing with drugs on that corner.
Q: Why did you think that’s what was happening?
A: ‘Cause usually when somebody has U.S. currency on that corner and somebody’s showing something to them in their hand, that’s what goes on right there at that corner.
Q: How do you know that?
A: Because I’ve been out there 14, 15 years doing that.

After patting appellant’s sleeve for one or two seconds, and feeling “several loose rocks” inside the pocket, which Officer Clay thought to be crack cocaine, he removed several ziplock bags containing fifteen small loose rocks and a larger rock. These field tested positive for cocaine, after which appellant was placed under arrest.

Sandra Levi, the woman referred to by Officer Clay, testified for the defense. She stated that she and appellant were talking and walking to the store, when the officers came out of the alley, got out of their car, and told them to put their hands up. Ms. Levi denied trying to exchange anything with appellant or even holding any money towards appellant, and denied that appellant tried to show anything to her that day.

Crediting the officer’s testimony over Ms. Levi, the trial court made the following findings:

We’ve got a high narcotics area, we have officers watching somebody who has been a focal point of some complaints in the neighborhood, although — for criminal activity, although that’s undefined. That’s referring to Ms. Levi. We have Ms. Levi with currency in her hand, and the defendant with something that the *733 officer doesn’t know what it is in his hand but showing it to Ms. Levi in a way that this officer experienced in drug transactions says leads him to believe that a drug transaction is about to happen; displaying it, in other words, in a way somebody would who is displaying drugs for sale, but he doesn’t see what’s in the hand. Although he is not clear that it’s currency, as he approaches he sees that it’s currency. So, clearly it’s currency in her hand which she clutches upon seeing the police, and the defendant takes what he has in his hand and, upon seeing the police, hides it in his pocket, and the two of them walk away as they see the police approaching.

In finding probable cause for the arrest, the court denied the motion to suppress, and concluded:

I think the police had probable cause to arrest here, based on all the factors I’ve identified. And just to be clear again, I am — I credit the testimony of the police officer in its entirety, and I think I’ve identified the factors that I think were significant. I have seen the officer’s gesture that he made with his hand, which was a gesture of displaying something, and there was currency in the hand of the other person. I don’t think this was just a one-way transaction as a result of that. I think the officers were justified in believing that a drug transaction was about to take place before they interrupted it. I actually think that the officer acted very reasonably in feeling the pocket first before going in, given what he had observed, but I think that the correct analysis is that that touching, which was not for the purposes of frisking for weapons, had to be justified by probable cause.

B. November 8, 1997

The only government witness for the November 8 incident was Officer Lamont Carter, the officer in training who had been on the force for a little over a year and who had been with Officer Clay at the November 3 incident. On November 8, he and his partner received a radio run of an assault in progress at 5th and H Streets, N.E., with a description for a lookout for “a black male wearing a black jacket, blue jeans and a green shirt.” Within two minutes, the officers drove up “with lights and sirens.” At the 400 block of H Street, which is approximately a one minute walk from the scene of the assault, the officer saw appellant walking from about ten to fifteen feet away, fitting the description given in the radio run.

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Cite This Page — Counsel Stack

Bluebook (online)
781 A.2d 729, 2001 D.C. App. LEXIS 202, 2001 WL 1107957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-united-states-dc-2001.