Matoumba v. State

873 A.2d 386, 162 Md. App. 39, 2005 Md. App. LEXIS 43
CourtCourt of Special Appeals of Maryland
DecidedApril 28, 2005
Docket562, September Term, 2003
StatusPublished
Cited by8 cases

This text of 873 A.2d 386 (Matoumba v. State) 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
Matoumba v. State, 873 A.2d 386, 162 Md. App. 39, 2005 Md. App. LEXIS 43 (Md. Ct. App. 2005).

Opinion

SHARER, J.

Appellant, Kobie Matoumba, was convicted, following a bench trial in the Circuit Court for Baltimore City, of possession of a handgun by a person previously convicted of a crime of violence. He was sentenced to a mandatory term of five years imprisonment -without parole, pursuant to Md.Code, Public Safety § 5-133(c)(2) (2003). In his appeal, appellant asserts that the circuit court erred in denying his motion to suppress, raising for our review three questions, which we have distilled to the following: 1

Did the motions court err in ruling that the arresting officers had reasonable articulable suspicion to search Matoumba’s person, and probable cause to detain him following a traffic stop?

Finding no error, we shall affirm.

*43 FACTUAL BACKGROUND

On July 18, 2002, at about 10:30 in the evening, Lieutenant Dean Palmero and Officer David Moynihan, of the Baltimore City Police Department, were on crime suppression detail in the west side of Baltimore. Palmero was the driver and Moynihan the passenger in an unmarked police cruiser. Palmero observed a Chevrolet Lumina traveling at a “greater than reasonable” speed. Their assessment of the speed of the vehicle was based on the fact that they were driving at the speed limit, and the Chevrolet was “pulling away” from them. As a result of their observations, they stopped the Lumina for the traffic violation.

Both Palmero and Moynihan exited the cruiser and approached the Lumina, Palmero to the driver’s side, and Moy-nihan to the passenger side. It was Moynihan who observed appellant seated in the right rear passenger seat.

Moynihan testified about appellant’s conduct during the time of the traffic stop, revealing that appellant (1) repeatedly looked back at the police cruiser while the officers were affecting the stop; (2) appeared to dip his right shoulder down toward the floor as Moynihan approached; (3) placed his right hand behind his back as Moynihan actually reached the rear passenger side; 2 (4) maintained constant eye contact with Moynihan; and (5) demonstrated visibly shaking hands when commanded to show them.

Eventually, all of the occupants were ordered out of the Lumina. Conducting a frisk of appellant, Moynihan discovered a loaded .25 caliber Browning handgun in appellant’s back pants pocket.

PROCEDURAL BACKGROUND

Appellant was charged with possession of a handgun after having been convicted of a crime of violence. On March 24, 2003, and April 10, 2003, the court conducted a hearing on *44 appellant’s motion to suppress the handgun recovered from him. At the conclusion of the hearing, the court, in an oral opinion rendered from the bench, denied appellant’s motion.

On May 5, 2003, appellant appeared before the court and entered a plea of not guilty, but stipulated to proceed on an agreed statement of facts. The State proceeded only on the charge of possession of a handgun by a person previously convicted of a crime of violence. On the agreed facts, appellant was found guilty, and on May 9, 2003, was sentenced to the mandatory five years imprisonment without parole. This timely appeal followed.

DISCUSSION

Standard of Review

Our review of the denial of appellant’s motion to suppress evidence under the Fourth Amendment is limited to the record developed at the suppression hearing. Dashiell v. State, 374 Md. 85, 93, 821 A.2d 372 (2003) (quoting State v. Collins, 367 Md. 700, 706-07, 790 A.2d 660 (2002)). Moreover, we consider the record in the light most favorable to the State, the prevailing party on that motion. State v. Green, 375 Md. 595, 607, 826 A.2d 486 (2003); Dashiell, supra, 374 Md. at 93, 821 A.2d 372. Within this framework, we accept the circuit court’s findings of fact where conflicting evidence is presented, unless those findings are clearly erroneous. Id.; Conboy v. State, 155 Md.App. 353, 361, 843 A.2d 216 (2004); Charity v. State, 132 Md.App. 598, 606, 753 A.2d 556 (2000). We shall, however, review the legal conclusions de novo, and, in doing so, make our own “independent constitutional determination” as to whether suppression of evidence is appropriate. See Wengert v. State, 364 Md. 76, 84, 771 A.2d 389 (2001).

Reasonable Articulable Suspicion

The very core of appellant’s argument is that Moyni-han’s frisk of him was in contravention of the Fourth Amendment, because the officer lacked a reasonable articulable suspicion.

*45 The Fourth Amendment of the United States Constitution guarantees the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” US Const, amend. IV. Clearly, the Fourth Amendment “does not proscribe all state-initiated searches and seizures; [ ] merely ... those which are unreasonable.” Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991). Within this context, the Supreme Court has held it permissible for a police officer to stop and briefly detain a person for an investigative purpose so long as the officer has a reasonable suspicion, supported by articulable facts, that criminal activity is occurring. Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

An obvious purpose of the Terry holding was to provide for the safety of the public generally and police officers specifically. 3 Id. Recognizing the danger posed by suspected criminals, the Supreme Court noted:

[w]e cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest. When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and dangerous to the officer or to others, it would appear to be clearly unreasonable to deny the officer the power to take necessary measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm.

Id. at 23-24, 88 S.Ct. 1868 (footnote omitted).

To facilitate the protective frisk, the Court added

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Related

Thornton v. State
189 A.3d 769 (Court of Special Appeals of Maryland, 2018)
Sellman v. State
144 A.3d 771 (Court of Appeals of Maryland, 2016)
Williams v. State
981 A.2d 46 (Court of Special Appeals of Maryland, 2009)
McDowell v. State
965 A.2d 877 (Court of Appeals of Maryland, 2009)
McDowell v. State
947 A.2d 582 (Court of Special Appeals of Maryland, 2008)
Matoumba v. State
890 A.2d 288 (Court of Appeals of Maryland, 2006)

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873 A.2d 386, 162 Md. App. 39, 2005 Md. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matoumba-v-state-mdctspecapp-2005.