Earle v. United States

612 A.2d 1258, 1992 D.C. App. LEXIS 199, 1992 WL 179460
CourtDistrict of Columbia Court of Appeals
DecidedJuly 28, 1992
Docket89-CF-484, 89-CF-1010
StatusPublished
Cited by52 cases

This text of 612 A.2d 1258 (Earle 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
Earle v. United States, 612 A.2d 1258, 1992 D.C. App. LEXIS 199, 1992 WL 179460 (D.C. 1992).

Opinions

FERREN, Associate Judge:

The grand jury charged appellants Se-welle Earle and Owen White, along with codefendant Lattival W. McKenzie,1 with possession with intent to distribute cocaine and possession with intent to distribute marijuana, D.C.Code § 33-541(a)(l) (1988), and with unlawful possession of drug paraphernalia, D.C.Code § 33-603(a) (1988). White filed a motion to suppress tangible evidence. After a hearing, Judge Warren King denied the motion on January 12, [1261]*12611989. A joint jury trial of all three code-fendants began the same day. Both appellants moved for judgment of acquittal at the close of the government’s case The trial court denied the motions. The jury convicted appellants on all three counts on January 24, 1989. Both appellants filed timely notices of appeal, which we have consolidated.

White raises four issues. First, he challenges the trial court’s denial of his motion to suppress tangible evidence. He argues that the arresting officers’ initial entry into his home, achieved by force at night without a warrant, violated the Fourth Amendment. White also argues that even if the initial entry was lawful, the officers’ protective search of the basement area, where they found a large stash of drugs, was unlawful because the basement was a separate dwelling unit for which they had no sound basis for a warrantless entry. Second, White challenges the sufficiency of the evidence of intent to distribute. He contends that the only quantity of drugs consistent with distribution was found in the basement, not in his first floor apartment, and that there was no evidence linking him to the drugs and paraphernalia found in the basement. Third, White argues that the trial court erred in instructing the jury on aiding and abetting when there was no connection between him and the drugs in the basement. Finally, White challenges the emphasis the prosecutor placed on his prior criminal record and especially the prosecutor’s reference to an unproved conviction in closing argument. We are not persuaded by appellant’s contentions.

Earle appeals from the trial court’s denial of his motion for judgment of acquittal, and from his conviction, on the ground that the government failed to prove that Earle constructively possessed the drugs in question or that he had the intent to distribute them. We find no error.

I. The Facts.

Police Officers Ronald Carroll and Michael Soulsby were partners on the midnight shift assigned to Scout Car 132 in the Fourth District of the Metropolitan Police Department. On February 20, 1988, they went to roll call at about 10:30 p.m. There they heard about a multiple homicide which had occurred a few hours earlier in an area included on their beat. Although the details were sketchy, the officers learned that the murders involved handguns and that the suspects were three Jamaican men.

About half an hour later, while on patrol, Carroll and Soulsby received a radio run informing them that someone had reported the sounds of gunshots inside a residence at 1213 Park Road,2 about a block away from their location and six blocks from the earlier murders. The officers immediately responded to the call. Officer Soulsby went to the front door while Officer Carroll stood a few feet away behind a tree, watching the front windows on the porch. Although the lights were on inside the house, no one responded “for quite some time” to Soulsby’s knock at the door.

After attempting to contact the police dispatcher for more information, Officer Soulsby rang the doorbell. Appellant White answered the doorbell, opening the door just enough to reveal his face and part of the right side of his body. Officer Soulsby explained that someone had reported shots fired inside the house, and asked if anyone was there with White, who replied, “No.” Soulsby noticed a strong odor of marijuana. During this exchange, Officer Carroll joined his partner on the porch. He also noticed the strong marijuana odor. Aware that the suspects in the earlier murders were Jamaican males, the officers were concerned when they observed that White had his hair in dreadlocks, a style commonly associated with Jamaicans.

[1262]*1262The officers also were anxious about the possibility that there were victims inside the residence who might need assistance. Officer Soulsby noticed that White appeared to be very nervous and was looking behind the door and making furtive movements with his left hand, which was concealed behind the door. The officer repeatedly asked White to bring his hand “out from behind the door.” When he refused to show the officer his left hand, both officers were afraid that White was armed.

White attempted to close the door, but Officer Soulsby’s left foot and left hand were caught between the door and the door frame. White pushed on the door from the inside while both police officers pushed from the outside in an effort to free Souls-by’s foot and hand. Pushing on the door until they overcame White’s resistance, the officers gained entry. While Officer Carroll held the struggling White against the wall in the foyer, attempting to frisk him for weapons, Officer Soulsby picked up a large, hand-rolled, still-smoldering marijuana “cigar” which he had seen White drop onto the floor. A third officer, Reginald Williams, entered to assist Carroll in controlling White while Soulsby began walking toward the rear of the house, looking1 for possible victims of a shooting.

Seeing a woman sitting on the couch in the living room, Officer Soulsby commented to White, “I thought you said no one else was in the house.” Soulsby checked to make sure that no one else was in the living room and that the young woman was not armed. Officer Williams followed Officer Soulsby as he checked the first floor, searching through the dining room and into the kitchen for victims or for someone who might be armed. Hearing the footsteps of one or more persons in the basement, Officer Soulsby again was afraid that someone in the house might be armed or that the noise he heard downstairs might have come from someone who was injured. He walked carefully through the doorway, which was open, and down the stairs with his gun drawn. There were two rooms at the bottom of the stairs, one to the left and one to the right. Soulsby looked around the open doorway in the room to his right (“Room 1”) to make sure that no one was hiding behind the door. Although no one appeared to be in the room, Soulsby saw a table piled with packaging materials, packages of crack cocaine, other drugs, and drug paraphernalia.' Officer Soulsby did not enter Room 1 at that moment but instead called loudly for Officer Williams’ assistance.

Soulsby, followed by Williams, entered the bedroom to the left (“Room 2”) where they encountered appellant Earle lying face down on the bed with his arms outstretched. The light was on in Room 2 and Earle was fully dressed, including shoes and socks. Soulsby at first thought that Earle might be sleeping, but when the officers “woke him up” Earle did not appear to be startled to see them there with a weapon drawn. Together the two officers got Earle off the bed and frisked him for weapons. Earle told the officers that his name was Huntley Forbes. They took him to Room 1, where Officer Soulsby had seen the crack cocaine.

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Cite This Page — Counsel Stack

Bluebook (online)
612 A.2d 1258, 1992 D.C. App. LEXIS 199, 1992 WL 179460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earle-v-united-states-dc-1992.