People v. Magras

54 V.I. 3, 2010 V.I. LEXIS 19
CourtSuperior Court of The Virgin Islands
DecidedMarch 26, 2010
DocketCrim. Nos. F297/2009, F298/2009, F298/2009
StatusPublished
Cited by2 cases

This text of 54 V.I. 3 (People v. Magras) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Magras, 54 V.I. 3, 2010 V.I. LEXIS 19 (visuper 2010).

Opinion

HOLLAR, Judge

MEMORANDUM OPINION

(March 26, 2010)

These matters came on for a hearing, Friday, November 6, 2009, on Defendants’ respective Motions to Suppress. Defendant, Antione R. Magras, (hereinafter “Defendant Magras”), appeared and was represented by Samuel L. Joseph, Assistant Territorial Public Defender; Defendant, Dominik J. Lima, (hereinafter “Defendant Lima”), appeared and was represented by Henry C. Smock. Esq.; Defendant, Leroy G. Henry, Jr., (hereinafter “Defendant Henry”), appeared and was represented by Robert Eberhart, Esq. The People appeared through the V.I. Department of Justice, Michael Motylinski, Assistant Attorney General.

I. FACTS AND PROCEDURAL BACKDROP

On June 19, 2009, at approximately 10:00 p.m., Officer Francis Brooks and Sergeant Elton Grant, while patrolling the Skyline Drive area, in a marked vehicle, observed a silver, four-door, Suzuki Esteem, registered to Defendant Henry, exiting the “lookout” area and proceeding onto Skyline Drive. Officer Brooks, the driver of the marked vehicle, slowed down and allowed the Suzuki to exit the “lookout” area and turn left in front of him. As both vehicles proceeded north, Officer Brooks observed the Suzuki make a right turn onto Louisenhoj Castle Road without stopping at a posted stop sign. Following close behind, Officer Brooks observed that the driver of the vehicle also failed to stop at the next posted stop sign, as he veered left heading towards “Drake Seat.” Having witnessed the aforementioned traffic violations, Officer Brooks turned on his blue strobe lights, siren and high beams to pull over the vehicle for a “traffic stop.”

Instead of immediately stopping his vehicle, Defendant Henry continued to drive further into the darkened road. After the vehicle finally came to a stop, Officer Brooks ordered Defendant Henry to exit the vehicle and produce his license, registration and proof of insurance. Observing a total of three (3) occupants in the vehicle, their furtive movements and the inordinately long period of time Defendant Henry took to emerge from the vehicle with the requested documents, Officer [9]*9Brooks and Sergeant Grant requested “back-up.” When Defendant Henry finally approached Officer Brooks with the requested documents, he (Defendant Henry) appeared nervous. When asked about the other occupants in his vehicle, Defendant Henry replied, “I don’t know their names, I just gave them a ride.” Given the foregoing, Officer Brooks’ suspicion heightened. Furthermore, while communicating with Defendant Henry, Officer Brooks observed that Defendant Magras, the front seat passenger, and Defendant Lima, the rear seat passenger, continued to move around inside the vehicle. Based on his twenty-two (22) years of experience in law enforcement, Officer Brooks concluded that the Defendants were trying to hide or conceal something.

For safety reasons, Officer Brooks ordered Defendant Henry to lie facedown on the ground with his arms spread apart while positioned between the front bumper of the patrol unit and the rear bumper of his vehicle. Defendants Magras and Lima were also ordered to exit the vehicle and lie similarly on the ground juxtapositioned to Defendant Henry. While the Defendants were lying on the ground, Sergeant Grant positioned himself behind the patrol unit’s opened front side passenger door and pointed an assault rifle at the Defendants until back-up arrived.

After additional officers arrived, Officer Brooks “patted down” and/or “frisked” the Defendants for weapons in the interest of officer safety. During the “pat down/frisk,” Sergeant Grant kept his assault rifle pointed at the Defendants. After the “pat down” did not detect weapons, Sergeant Hill proceeded towards the opened front side passenger door of Defendant Henry’s vehicle and observed ammunition lying in plain view on the floorboard. In response to seeing the ammunition, Sergeant Hill yelled, “ammo!” Officer Brooks then proceeded towards the car’s opened door, shined his flashlight into the vehicle and also observed the ammunition while Defendant Henry was standing next to the vehicle’s opened door. Thereafter, Officer Brooks asked each Defendant whether he possessed a license to carry a firearm. All three Defendants replied, “no.” Convinced that where there is ammunition there is/are firearms, Officer Brooks searched the vehicle’s glove compartment box and discovered therein a nine millimeter (9mm) pistol.

After discovering the firearm, Defendants were advised of their rights, placed under arrest and Detective Esprit, an officer who responded to the scene as “back-up” and who was assigned to both the Special Operations Bureau and Forensics, “processed” the vehicle. While “processing” the [10]*10vehicle, an automatic three-eighty (380) firearm was discovered under the driver’s seat and two (2) thirty-eight caliber (.38) revolvers were discovered in a black compact disk carrier located on the back seat of the vehicle. Defendants were again patted down before being transported to the Richard Callwood Command Station. During a search incident to arrest, Officer Brooks discovered and seized marijuana from Defendant Lima’s left front pocket, while Officer Lans, another member of the Special Operations Bureau and also assigned to Forensics, discovered and seized six (6) individually wrapped packages of “Ecstasy” in Defendant Magras’ rear pocket.

II. ANALYSIS

The issues to be resolved by the Court are: (1) whether Officer Brooks and Sergeant Grant lawfully initiated a “traffic stop”; (2) whether Officer Brooks could lawfully order the occupants/Defendants of the stopped vehicle to exit; (3) whether the traffic stop was lawfully converted to a Terry stop; (4) whether Officer Brooks articulated facts with reasonable specificity to justify the “pat down” of Defendants; (5) whether observing ammunition in “plain view” on the front passenger floorboard of the vehicle authorized Officer Brooks to search the glove compartment box of Defendant Henry’s vehicle; (6) whether the arrest of each Defendant, after officers found a firearm in the vehicle’s glove compartment, was lawful; and (7) whether the subsequent search of Defendant Henry’s vehicle was lawful.

A. Officer Brooks and Sergeant Grant Lawfully Initiated A “Traffic Stop.”

The Fourth Amendment to the U.S. Constitution is made applicable to the Virgin Islands pursuant to Section 3 of the Revised Organic Act of 1954, as amended. See 48 U.S.C.A. § 1561. The Fourth Amendment provides:

The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. U.S. CONST, amend TV.

It is well settled that in Fourth Amendment terms, a “traffic stop” entails a seizure of the driver “even though the purpose of the stop is [11]*111imite.fl and the resulting detention brief.” Brendlin v. California, 551 U.S. 249, 255, 127 S. Ct. 2400, 2406, 168 L. Ed. 2d 132 (2007) (citing Delaware v. Prouse, 440 U.S. 648, 653, 99 S. Ct. 1391, 59 L. Ed. 2d 660 (1979)).

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Related

People v. Morton
57 V.I. 72 (Superior Court of The Virgin Islands, 2012)

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Bluebook (online)
54 V.I. 3, 2010 V.I. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-magras-visuper-2010.