State v. Henderson

892 A.2d 1061, 2006 Del. LEXIS 18, 2006 WL 154369
CourtSupreme Court of Delaware
DecidedJanuary 18, 2006
Docket114, 2005
StatusPublished
Cited by21 cases

This text of 892 A.2d 1061 (State v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Henderson, 892 A.2d 1061, 2006 Del. LEXIS 18, 2006 WL 154369 (Del. 2006).

Opinions

STEELE, Chief Justice,

for the majority:

In January 2004, the police decided to execute an arrest warrant for Michael Jones at a local Boys and Girls Club recreation center. When they executed the warrant, the police detained and performed a Terry pat-down of Steven Henderson. The Henderson’s pat-down resulted in the discovery of a gun. A Superior Court judge, unable to find any legal justification for the pat-down, granted Henderson’s motion to suppress the gun found. In this appeal, the State has urged this Court to determine that the officer had a reasonable articulable suspicion to stop and frisk Henderson based on the “totality of the circumstances,” or, in the alternative, that the gun was within the “plain view” of the officer when the officer seized the weapon.

We conclude that because Henderson merely left a recreation center with Michael Jones, a wanted fugitive, and fully cooperated with police when stopped, the police officer lacked the reasonable articu-lable suspicion required for a valid pat-down — i.e., the suspicion that Henderson was armed and presently dangerous. Further, although the State argues that the plain view doctrine applies, it failed to meet its burden to show that Schiavi, in fact, saw the gun before or as he performed the pat-down. Accordingly, we affirm the judgment of dismissal by the Superior Court.

I.

On January 25, 2004, the Delaware State Police received information that Michael Jones, a fugitive wanted pursuant to a DEA warrant for felony drug charges, would be playing basketball at a Boys and Girls Club in New Castle County. The police made a decision to arrest Jones at the recreation center.

After a briefing at which Jones’ description was made available, the police assembled a “take-down” team of five or six police officers in the recreation center parking lot. Edward Schiavi was among the officers assigned to the “take down” team. The team arrived between 11 a.m. and 12 p.m. and waited for Jones to leave the recreation center.

Schiavi, after waiting in the parking lot for two hours, received a call that a member of the “team” saw Jones leaving the building with two other unidentified men. Jones, together with a man later identified as Steven Henderson, and another companion, were seen walking toward an SUV in the parking lot. Claiming he did not know which man was Jones,1 Schiavi pulled his police car in front of the SUV, announced his presence, and instructed the driver, later identified as Henderson, to place his hands on the vehicle. Henderson immediately dropped the bag he was car[1064]*1064rying and placed his hands on the vehicle. According to Schiavi, the following occurred:

I exited my vehicle. As Mr. Henderson was putting his hands on the hood of his car in front of the driver’s side, I then approached him from the rear to conduct a pat-down for weapons and identification. At that time, I had my left hand on the — on his left, I guess, shoulder blade, and my right had came around to his waist area. Mr. Henderson is a little taller than I am, so my eye level was just probably just at his shoulder or right arm. As soon as my right hand made contact with his clothing, his — he was wearing, like, a three-quarter-length dark jacket, my hand went on to what I can only describe as the feeling of a gun. As my eyes looked down at my hand, I could see the butt of a gun in his pocket.

Schiavi then arrested Henderson. The State charged Henderson with Receiving A Stolen Firearm and Carrying A Concealed Deadly Weapon.

Before trial in the Superior Court, Henderson moved to suppress the gun on the basis that the search was unreasonable under the Delaware and United States Constitutions. The trial judge found that the usual basis for seizing and conducting a pat-down — a reasonable articulable suspicion under the totality of the circumstances — to be absent. The trial judge further held that the only potential basis for finding the search reasonable, the so-called “automatic companion rule,” was in violation of the Delaware Constitution. Thus, the trial judge granted the Motion to Suppress and the State dismissed the charges.

The State now appeals, claiming that under the “totality of the circumstances” the “pat-down” was reasonable, or, in the alternative, that the seizure of the gun was valid because it was within the plain view of the officer. We are not asked to, and therefore we do not, rule on the constitutionality of the “automatic companion rule.” The trial judge’s determination of whether the police possessed reasonable articulable suspicion to stop and frisk Henderson and then seize the weapon found is a mixed question of law and fact that this Court reviews de novo.2

II.

Under the Fourth Amendment of the United States Constitution, police officers may stop an individual for investigatory purposes if the officer has a “reasonable articulable suspicion to believe that the individual to be detained is committing, has committed, or is about to commit a crime.”3 Further, a police officer may frisk a person who has been detained if he possesses a reasonable articulable suspicion that the detainee is armed and presently dangerous.4 The United States Supreme Court has defined reasonable suspicion as the officer’s ability to “point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant th[e] intrusion.”5 In determining whether reasonable articulable suspicion exists, a court “must examine the totality of the circumstances surrounding the situation as [1065]*1065viewed through the eyes of a reasonable, trained police officer in the same or similar circumstances, combining objective facts with such an officer’s subjective interpretation of those facts.”6 With these principles in mind, we examine whether, under the totality of the circumstances, the police possessed a reasonable articula-ble suspicion to stop and frisk Henderson.

III.

Here, the original stop of Henderson was valid. Schiavi received a radio call indicating that Jones, a person wanted on felony drug charges, was one of the three men exiting the recreation center, which provided Schiavi with the necessary reasonable articulable suspicion to stop the men to determine their identity.

The frisk of Henderson, however, was not supported by a reasonable articulable suspicion that Henderson was armed and dangerous. The State relies on Hunter v. State7 to support its claim that the frisk was valid. In Hunter, this Court addressed a situation where the companion of a drug dealer was frisked for weapons.8 The Court held that Hunter’s frisk of a companion of a person wanted for drug trafficking pursuant to a warrant was valid, because under the totality of the circumstances, the officer reasonably “believed it was necessary to pat down Hunter for the protection of himself.”9 There, however, the officer was outnumbered two to one in a crowded restaurant and saw Hunter reach for his pocket after Hunter was instructed to place his hands on the wall.10 Further, the officer, using the least intrusive means to protect himself, limited his pat down to the pocket to which Hunter had made a “furtive” move.

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State v. Henderson
892 A.2d 1061 (Supreme Court of Delaware, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
892 A.2d 1061, 2006 Del. LEXIS 18, 2006 WL 154369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-henderson-del-2006.