People v. Matthew

55 V.I. 380, 2011 V.I. LEXIS 55
CourtSuperior Court of The Virgin Islands
DecidedOctober 4, 2011
DocketNos. SX-09-CR-723, SX-09-CR-724, SX-09-CR-725, SX-09-CR-726
StatusPublished
Cited by1 cases

This text of 55 V.I. 380 (People v. Matthew) 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. Matthew, 55 V.I. 380, 2011 V.I. LEXIS 55 (visuper 2011).

Opinion

WILLOCKS, Judge

AMENDED MEMORANDUM OPINION

(October 4, 2011)

THIS MATTER came before the Court on the Defendant Accelyn Morton’s (hereafter “Morton”) Motion to Suppress filed pursuant to Rule 12(b)(3), (c) of the Federal Rules of Criminal Procedure on grounds that evidence was illegally obtained in violation of their Fourth and Fifth Amendment Rights. Defendants Alexander Gordon (hereafter “A. Gordon”), Phillip Gordon (hereafter “P. Gordon”), and Akeem Matthews (hereafter “Matthews”) also joined on the motion. For reasons elucidated below, the Court will grant Defendants’ Motion to Suppress.

[384]*384FACTUAL AND PROCEDURAL BACKGROUND

On or about December 27, 2009, at approximately 1:41 a.m. in the vicinity of the Concordia area in Frederiksted, St. Croix. Officers Ralston Wright (hereinafter “Officer Wright”) and Officer Moses Francis (hereinafter Officer Francis) were on mobile patrol in a marked vehicle. According to Officer Wright, while they were on patrol, he saw a white or beige Toyota Forerunner bearing license plate number CCW-681 travelling in the opposite direction on the Concordia Road at about forty to forty-five miles an hour in an area where the speed limit is 30 miles an hour. Wright testified that they (police officers) turned their vehicle around and followed the Forerunner. When the Forerunner reached the intersection of Queen Mary Highway and Concordia Road, the Forerunner reduced its speed to about 3 to 5 miles an hour. However, according to the testimony of Officer Wright the Vehicle did not come to a complete stop.

According to Officer Wright, once they (the police officers) observed that the vehicle did not come to a complete stop, the police turned on their emergency lights and conducted a traffic stop of the Forerunner. There were five occupants in the Forerunner: the five defendants and a juvenile.1 The driver of the Forerunner, Accelyn Morton (hereinafter “Morton”) was asked to produce his driver’s license, car registration and insurance.2

Officer Wright stated that while effectuating the traffic stop, there were a series of observations that raised his concern for his safety as well as that of his fellow officer. These concerns were: 1) the traffic stop occurred around 1:41 a.m. 2) the vehicle was observed travelling at about 10 to 15 miles over the speed limit and failed to stop at a stop sign 3) the driver could not produce documents for the vehicle 4) the police officers were outnumbered five to two and 5) Officer Wright thought he saw the juvenile opening the rear passenger door of the Forerunner.

At the suppression hearing, Officer Wright gave two different versions as to when he ordered the occupants to exist the vehicle. Under direct [385]*385examination, Officer Wright stated once he observed a passenger of the vehicle door attempting to be open, he ordered all of the occupants to exist the vehicle. Once the passengers [defendants] exited, Officer Wright used his flashlight to illuminate the interior of the car. Officer Wright claims that while doing so he observed in plain view a chrome handle handgun on the rear passenger floor board of the car.

On cross-examination, Officer Wright stated that while the defendants were all still sitting down in the vehicle Officer Wright illuminated the interior of the vehicle with the flashlight for his safety and that it was only once he observed the chrome handle handgun in plain view that he yelled to his partner Officer Francis. “Gun!” and immediately ordered the passengers [defendants] in the vehicle, “Everyone exit the vehicle.”

Nevertheless, once the occupants had exited the Forerunner, according to Officer Wright they were placed under arrest. After the passengers (Defendants) were patted down, according to Officer Wright, the pat down revealed another gun on the person of the juvenile. While the officers were still putting handcuffs on the occupants of the vehicle [defendants] Officer Wright observed a third weapon inside an open compartment in the lower bottom of the rear back door of the car, which had been left open when the occupants of the car exited.3

Officer Wright testified that the passengers [defendants] were all arrested after the first gun was found. Defendants were thereafter taken to the Wilbur Francis Command Station (hereafter the “Station”) where they were advised of their rights. The Defendants were then questioned as to whether or not they had a license to posses a firearm. Upon running a routine record check with the Virgin Islands Police Department Firearms Bureau, the Officers were able to confirm that none of the occupants of the vehicle [defendants] possessed a [firearm’s] license in the Virgin Islands.

Morton, the driver, and the other passengers (Defendants) were subsequently charged with, inter aha, unauthorized possession of firearm [386]*386and the failure to report ammunition obtained or bought outside the Virgin Islands.

Defendants filed a motion to suppress the weapons and ammunition seized by the Officers as fruits of a warrantless search and seizure in violation of the Fourth and Fifth Amendments of the Constitution. Additionally, Defendants move to suppress the introduction of any statement allegedly made to agents of the Government prior to or subsequent to the date recounted above, and all other evidence which is derivative of the search and seizure of his person and property conducted by agents’ of the Government. In support thereof, Defendants argue that under Virgin Islands law a traffic stop made on the basis of speeding does not authorize the officer to arrest the driver and passengers or search the car. Moreover, Defendants argue that discovery of a firearm in a car, without more, does not constitute sufficient legal grounds to arrest the driver and passengers of the car. In opposition, the People contend that the weapons and ammunition seized were the fruits of lawful police activity that was reasonable under the totality of the circumstances and are, therefore, not subject to suppression. Defendants filed a supplemental response in support of their motion.

DISCUSSION

The Court need not resolve the matter of whether the gun was in plain view or not, for once the constitutionality of the traffic stop has been resolved, the crux of the matter is whether the arrest was a lawful one or not. Thus, assuming arguendo, the gun was found to be in plain view and the other facts that Officer Wright alleges are true, the central issue still exists as to the legality of the arrest. Hence, there is no need for this Court to present a magnum opus on search and seizure.

The Fourth Amendment of the United States Constitution provides: “The right of the 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 persons or things to be seized.” U.S. CONST, amend. IV. The right of security in person and properly afforded by the Fourth Amendment may be invaded in various different ways by searches and seizures; however, “[i]t must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable

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Related

People v. Murrell
56 V.I. 796 (Supreme Court of The Virgin Islands, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
55 V.I. 380, 2011 V.I. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matthew-visuper-2011.