In re Jeremy P.

11 A.3d 830, 197 Md. App. 1, 2011 Md. App. LEXIS 1
CourtCourt of Special Appeals of Maryland
DecidedJanuary 19, 2011
DocketNo. 1820
StatusPublished
Cited by12 cases

This text of 11 A.3d 830 (In re Jeremy P.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Jeremy P., 11 A.3d 830, 197 Md. App. 1, 2011 Md. App. LEXIS 1 (Md. Ct. App. 2011).

Opinion

DAVIS, J.

The Circuit Court for Prince George’s County, sitting as a juvenile court, found that Jeremy P., appellant, was “involved” in carrying a handgun, possessing a regulated firearm and ammunition under the age of twenty-one, and obliterating the identification number of that firearm.1 Appellant challenges that judgment, arguing that the juvenile court erred in denying his motion to suppress physical evidence and a statement to police, because the evidence was obtained as the result of an unconstitutional Terry2 stop. We agree and therefore reverse the judgment.

FACTS AND LEGAL PROCEEDINGS

Appellant moved to suppress a handgun, ammunition, and written statement recovered after a Terry stop that occurred in the early morning hours of June 6, 2009. Detective William Lee of the Prince George’s County Police Department, an eight-year veteran assigned to the Prince George’s County Gang Unit, testified that, at approximately 1:00 a.m., he was on plainclothes patrol in an unmarked vehicle in the 6100 block of 58th Avenue in Riverdale. They were “doing a saturation of the area due to recent gang taggings in the area and armed [4]*4robberies in the area.” A “tagging is when a gang or a crew places their name on a fence or wall or sign. It could be the ground, a car, to tell other gangs or other people in the area that that’s their area.” Detective Lee had recently made gang-related arrests in that block and that area, including arrests for assaults and robberies.

The detective spotted appellant, who was then seventeen years old, and a companion as they exited a McDonald’s parking lot on foot. Detective Lee proceeded to park his vehicle on 58th Avenue and watched them from across the road, at a “fairly close” distance. When the prosecutor asked the detective to describe what happened next, the following ensued:

[Prosecutor]: As you were moving your vehicle—from the time you were moving your vehicle to the time you stopped your vehicle, did you maintain sight of the [appellant]? [Det. Lee]: Yes, I did.
Q: And what if anything did you notice the [appellant] doing?
A: He kept playing around with his waistband area. We call that a high risk area. And he kept making firm movements in his waistband area.
Q: Can you—
Permission to have the witness stand up?
The Court: Sure.
[Prosecutor]: Can you just come out and stand right here and show the Court exactly what actions you witnessed the [appellant] making?
(Witness leaves the stand.)
[Det. Lee]: He would have been adjusting hisself. He had a shirt on. He would have been adjusting hisself from the front area, you know, fixing (indiscernible) the shirt.
The Court: All right.
(Witness returns to the stand.)
[Prosecutor]: What if anything appeared (indiscernible)? [Defense Counsel]: Objection, Your Honor.
[5]*5The Court: What was the question again?
[Prosecutor]: What if any significance (indiscernible)?
[Defense Counsel]: The significance would call for some type of legal conclusion. He can testify as to his observations, but significance is up to the Court regarding the legal conclusions to be drawn from the evidence.
The Court: I’ll make the legal conclusion, but I’m going to let him answer the question. The objection’s overruled. Go ahead.
[Det. Lee]: It would be indicative of somebody constantly carrying a weapon on them. That’s what we call the high risk area....
Q: And the actions you witnessed the Respondent making, how frequent were they?
A: He was standing there for maybe—just maybe a minute or two. He did it maybe two or three times before they crossed the street.
Q: But there was a time that he crossed—did he cross the street?
A: Yes, ma’am.
Q: What if anything did he do after he crossed the street?
A: Started walking down 50th Avenue. I actually backed off a little bit. I was trying to get my partner to respond over to me so we could do a stop together. I didn’t want to get him—I didn’t know where he was heading, so I wanted to get him to stop. I had to do another stop prior to my partner getting there....
Q: What if anything did you do after you saw the [appellant] making the motions toward his waistband?----
A: Like I said, I just called for my partner to respond to the area because I knew we were going to do a stop. Q: And ... who did you call?
A: Detective Sorano.
Q: Okay. And after you called for Detective Sorano, what if anything did you then do next?
[6]*6A: I watched him a little bit further until he started to cross the street, and then I backed off a little bit further down 58th____I got out of my vehicle and waited for him and his partner to get a little bit closer before I did the stop.
Q: What if anything did you do after you got out of your vehicle?
A: Then I approached him and his friend, his partners, and told them to have a seat on the ground. And again I was waiting for my partner to come, but I decided to go ahead and start patting them down just in case there was a gun on him.... I identified myself, Prince George’s County Police. I’m familiar with Mr. [PJ, but I’m not familiar with his friends____
Q: You were familiar with Mr. [P.]. Have you had prior contact with Mr. [P.]?
A: Yes, ma’am____Just I think the first one would have been—I think he was arrested by the Sheriffs Department at a high school for coming on the school property....
Q: What if any prior contact have you specifically had with Mr. [P.]?
A: Just a few stop—you know, stop and talk, and then we make conversation with him in the street. We were looking for a friend of his where we engaged in conversation with him before we arrested another friend of his....
Q: Why’d you start conducting a pat-down? ...
A: Again with him making the movements to the waistband and fiddling around once I stopped him, I figured I better get him to stand up and start doing the pat-down for my safety____
Q: How exactly did you conduct the pat-down?
A: It really didn’t get that far. Once I—he had recently sat down once I did the stop. Once I told him he needed to stand up and come over to my car, when he stood up, the gun was actually—he was sitting on top of the gun. I guess it had fell out of the waistband area....
[7]*7Q: Once you saw the gun, what if anything did you then do?

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Cite This Page — Counsel Stack

Bluebook (online)
11 A.3d 830, 197 Md. App. 1, 2011 Md. App. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeremy-p-mdctspecapp-2011.