Jeffreys v. United States

312 A.2d 308, 1973 D.C. App. LEXIS 397
CourtDistrict of Columbia Court of Appeals
DecidedDecember 3, 1973
Docket6254 and 6255
StatusPublished
Cited by9 cases

This text of 312 A.2d 308 (Jeffreys 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
Jeffreys v. United States, 312 A.2d 308, 1973 D.C. App. LEXIS 397 (D.C. 1973).

Opinions

REILLY, Chief Judge:

These appeals are from one-year sentences imposed for the offense of carrying pistols without a license (D.C.Code 1973, § 22-3204), resulting from jury verdicts of guilty against both appellants. Motions to suppress these pistols as evidence were made prior to trial and the only issues presented by appellants are directed at the refusal of the court to order suppression.

At the pretrial hearing on the motion, the government called the principal arresting officer as a witness. His testimony, credited by the court, may be summarized as follows:

At approximately 2:45 on the morning of October 14, 1971, two uniformed police officers were patrolling in a marked scout car on Seventh Street, S.E. Seeing an automobile standing there with the engine running, the lights off, and the driver “slouched down” in the front seat, they drove over to the curb at an intersection approximately 30 to 40 feet ahead to watch developments. Less than a minute later another man emerged from a house in front of which the police car was parked. Upon seeing that car, he started to walk toward the automobile the police had noticed, keeping — as he passed them — his left arm stiff “as if he was holding something to his side . . . [he] was trying to hide.” When he was about 10 feet from the automobile with the running motor, he placed something in his left coat pocket, and jumped into the passenger side. The automobile then pulled away and turned right at the intersection. The police immediately stopped it and summoned assistance.

When two other police cruisers arrived on the scene, the first two officers approached the car they had halted. One officer asked the driver, appellant Jeffreys, for his .permit and registration. He produced a North Carolina permit, but no registration.1 The officer had him step out. At the same time his fellow policeman, who was on the other side, ordered the passenger, appellant Thrower, from the car and conducted a pat-down search of his outer clothing, which disclosed a loaded .22 calibre pistol in his left coat pocket. Both appellants were taken to the rear of their car, where they were detained while [310]*310a transport vehicle was called. In the meantime, the first officer looked into the interior of the car. He found a bag containing crowbars, a screwdriver, sacks, and rubber gloves on the front seat. He then discovered a loaded .32 calibre revolver under the driver’s seat.

Appellants’ position is that (1) there was no probable cause to stop the car and search the occupants, and (2) even if the stop and frisk were lawful, the search of the car without a warrant was illegal. In our opinion neither contention is supported by the evidence presented at the motions hearing, for none of the challenged actions of the police officers was unreasonable.

In the first place, the sight of a parked car in a residential neighborhood almost three hours after midnight with its headlights turned off and its motor running, was in itself something which vigilant police officers could well have deemed suspicious — the circumstances suggesting the likelihood of a stealthy rendezvous and a quick getaway. At this point, the police would have been warranted in inquiring of the driver his identity and his business there. See Lucas v. United States, D.C.App., 256 A.2d 574 (1969). The officers, however, did nothing more at that time than to put the unlighted car under observation.

In any event, the behavior of the other party to the suspected rendezvous when he became aware of police surveillance provided additional grounds for suspecting that a criminal enterprise was about to unfold. We refer to the evidence concerning appellant Thrower’s attempt to hide something he was carrying. While the officer testifying at the motions hearing may not have characterized the conduct by which the concealment was effected in the most apt fashion, we think that his description of what he saw would lead most people to infer that appellant Thrower was trying surreptitiously to hide some illegal article. See McGee v. United States, D.C.App., 270 A.2d 348 (1970).

Nor do we deem it farfetched for the officer, when he saw the rendezvous accomplished, to think that the object concealed was probably a weapon. The witness, a policeman with four years of experience, had made 24 weapons arrests in the previous year, including two under almost identical circumstances. In short, the circumstances here, like those in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), confronted the police with “unusual conduct which [led them] reasonably to conclude in light of [their] experience that criminal activity [might] be afoot and that the persons with whom [they were] dealing [might] be armed and presently dangerous. . . .” Terry v. Ohio, supra at 30, 88 S.Ct. at 1884. See Gaskins v. United States, D.C.App., 262 A.2d 810 (1970); United States v. Frye, D.C.App., 271 A.2d 788 (1970).

It is plain that the right of the police to engage in a stop and frisk did not evaporate merely because they deferred such action until the Jeffreys car started to go. It will be recalled that the officer in Terry did not accost the men he had been watching until they had left the place where their suspicious conduct had attracted his attention. See also United States v. Frye, supra. Significantly, in this instance, the Jeffreys car had proceeded only a block when the police officers stopped it. Their conduct in calling for reinforcements before approaching the occupants of that car indicates that their subsequent conduct was prompted by a genuine apprehension that appellant Thrower was armed and dangerous.

Appellants, however, argue that the stopping of the car was a mere pretext, because the arresting officer first asked the driver, appellant Jeffreys, for his permit and registration before saying anything to the passenger. We find nothing wrong with that. Request for the production of such papers is conventional police procedure in stopping a car for any reason. Moreover, the punctilio contemplated by Terry, absent exigent circumstances, is a [311]*311stop, preliminary questioning, and then, if warranted, a limited search.

In a recent decision, this court stated that the factors to be considered in determining the reasonability of police conduct in a stop and frisk situation are: “(1) the particular activity of the person stopped for questioning which the investigating officer has observed, (2) that officer’s knowledge about (a) the activity and the person observed and/or (b) the area in which the activity is taking place, and (3) the immediate reaction or response of the person approached and questioned by the officer.” [Footnote omitted.] Stephenson v. United States, D.C.App., 296 A.2d 606, 609 (1972).

Having considered the facts of this case in light of these criteria, we are satisfied that the action of the police in stopping the Jeffreys car and frisking appellant Thrower was reasonable and justified. Once they discovered a concealed weapon on his person, the police had probable cause to arrest him.

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

Related

Hampe v. Tipton
899 P.2d 325 (Colorado Court of Appeals, 1995)
United States v. Bellamy
619 A.2d 515 (District of Columbia Court of Appeals, 1993)
Gomez v. United States
597 A.2d 884 (District of Columbia Court of Appeals, 1991)
United States v. Foster
11 M.J. 530 (U.S. Army Court of Military Review, 1981)
Johnson v. United States
367 A.2d 1316 (District of Columbia Court of Appeals, 1977)
United States v. Thomas
314 A.2d 464 (District of Columbia Court of Appeals, 1974)
Jeffreys v. United States
312 A.2d 308 (District of Columbia Court of Appeals, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
312 A.2d 308, 1973 D.C. App. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffreys-v-united-states-dc-1973.