Henighan v. United States

433 A.2d 1059, 1981 D.C. App. LEXIS 315
CourtDistrict of Columbia Court of Appeals
DecidedJune 10, 1981
Docket80-169
StatusPublished
Cited by16 cases

This text of 433 A.2d 1059 (Henighan 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
Henighan v. United States, 433 A.2d 1059, 1981 D.C. App. LEXIS 315 (D.C. 1981).

Opinions

NEBEKER, Associate Judge:

Following a suppression hearing, appellant was convicted in a stipulated trial before the court of carrying a pistol without a license, D.C.Code 1973, § 22-3204, and was placed on probation for three years after receiving a twelve-month suspended sentence. She appeals on the grounds that her motion to suppress the pistol was improperly denied. We affirm.

In the early morning hours of June 7, 1979, two officers in a patrol car answered a radio run asking for two cars to respond to the 1700 block of 14th Street, N.W., for a woman with a gun. The radio communication described the woman as a tall, black female wearing an orange shirt, white blouse, blue pants, and carrying a blue bag in which were a gun and narcotics. This information was obtained from an anonymous phone caller. The officers were two blocks away from the location and responded to the scene within twenty seconds where they identified the woman standing in a crowd. They observed her walk into a nightclub, followed by two other officers. She emerged fifteen seconds later at which time the officers alighted from their vehicle and confronted her in the middle of 14th Street. They each took hold of an arm and one then removed the blue bag from her shoulder. He passed the bag to his partner who looked inside to discover a Savage .32 caliber automatic pistol. There were no narcotics in the bag. They then placed appellant under arrest.

Appellant urges reversal on the grounds that the arrest was without probable cause and the subsequent search of the blue bag violated her reasonable expectation of privacy.

While many cases of police conduct may clearly be resolved either on a theory that there was or was not offense probable cause or on a theory that there were or were not articulable facts justifying a stop and protective frisk, some cases permit an alternative analysis. We think this is such a case, for under the facts one cannot, with stopwatch precision, say whether this police reaction must be supported by offense probable cause or merely by warnings of a specific ongoing offense. Accordingly, we decline the implicit invitation of the appellant to treat this police conduct solely as an arrest which must be based on probable cause. To distinguish the precise moment of arrest from the less intrusive incidents of a stop and frisk would be misleading to law enforcement. It would also instill unwarranted rigidity in judicial review of police conduct under the necessarily plastic concept of what is reasonable under the circumstances. Therefore, we analyze the facts of this case and apply the relevant case law with a view toward determining the reasonableness of the police response in terms of both an arrest and a protective frisk.

In some circumstances, in contrast to the approach we adopt here, determination of the exact moment of arrest is important. See Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959) (arrest must be valid at moment of arrest to justify a search incident to arrest); Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957) (arraignment must take place as quickly as possible after arrest and without delay to facilitate interrogation); Fuller v. United States, 132 U.S.App.D.C. 264, 271-72, 407 F.2d 1199, 1206-07 (1968), cert. denied, 393 U.S. 1120, 89 S.Ct. 999, 22 L.Ed.2d 125 (1969) (Mallory issue); Bailey v. United States, 128 U.S.App.D.C. 354, 389 F.2d 305 (1967) (search incident to arrest); Coleman v. United States, 111 U.S.App.D.C. 210, 295 F.2d 555 (1961), cert. denied, 369 [1061]*1061U.S. 813, 82 S.Ct. 689, 7 L.Ed.2d 613 (1962) (felony murder conviction upheld provided that arrest did not conclude the felony prior to the murder).

Since Terry v. Ohio, 329 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) and Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), however, determination of the moment of arrest is often an unnecessary exclusion. Where the police must respond rapidly to an ongoing situation which provides little opportunity for reflection, events blur together in terms of motivation and justification. Under such circumstances, the courts must abandon the antiquated test of whether the suspect reasonably believed he was under arrest, see Henry, supra, and focus instead on a unitary analysis of whether the police acted reasonably under all the circumstances. United States v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981). The propriety of their conduct is measured not by its classification as an arrest, a stop and frisk, or an investigatory stop. It is measured by the reasonableness under the particular circumstances of the case. Otherwise, the courts will be dictating specific police procedures rather than permitting the police to employ what tactics might be reasonable under the circumstances. The judicial imagination is incapable of anticipating the myriad circumstances of police-citizen confrontations and the appropriate responses thereto. Precedential case law is a guide, not a police manual.

Though judges may disagree in upholding particular police conduct as to whether it is an arrest or a stop and frisk, they must at the same time be agreed on one thing — the reasonableness of the response. Thus, an alternative approach is often justified.

I

In their briefs and at oral argument, the appellant and the government argued the precedential value of several cases from this jurisdiction, none of which, predictably, is identical even in essential elements. Implicit in this approach to Fourth Amendment issues is the argument that prior cases of factual similarity guarantee a stare deci-sis quality binding the court in the matter at hand. This approach is wrong, reflecting a narrow vision of the Fourth Amendment which — over time — -necessarily and inevitably constricts the limits of permissible police conduct to a point where only very formalistic and artificial responses will be permitted under the Constitution.

In only one significant Supreme Court decision have two cases been sufficiently alike that the first obtains a binding effect on the second. See Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949). In that case, the Supreme Court accepted this identity proposition in reversing the decision of the Tenth Circuit. The Tenth Circuit Court of Appeals had overturned a conviction on the grounds that the federal agents making the arrest had lacked probable cause to stop and search; however, the circuit court did so without reference to the prior decision of the Supreme Court in Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925), which the Supreme Court later considered “almost exactly on point.” Brinegar, supra, 338 U.S. at 165, 69 S.Ct. at 1305. In addition, neither counsel in argument before the Supreme Court had discussed the application of Carroll. Clearly, the Supreme Court’s acceptance of the binding factual nature of Carroll

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Henighan v. United States
433 A.2d 1059 (District of Columbia Court of Appeals, 1981)

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433 A.2d 1059, 1981 D.C. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henighan-v-united-states-dc-1981.