United States v. Baldwin

114 F. App'x 675
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 12, 2004
Docket03-4139
StatusUnpublished
Cited by35 cases

This text of 114 F. App'x 675 (United States v. Baldwin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Baldwin, 114 F. App'x 675 (6th Cir. 2004).

Opinions

COOK, District Judge.

The Government appeals an order suppressing evidence which, in its opinion, supports a charge against the Defendant, Daryl Baldwin, of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court, after concluding that the investigative stop of the car in which Baldwin was a passenger was illegal, suppressed all of the evidence which followed the stop. For the following reasons, we affirm.

I.

Shortly before 5:00 a.m. on January 19, 2003, Officer Thomas Coombs of the Cincinnati Police Department (“CPD”) was on patrol in a marked police car in the “Over-the-Rhine” area, a reputed high-crime neighborhood, when he heard the sound of multiple gunshots. After seeing an individual running from the intersection of Greene and Elm Streets, he and a fellow officer, Carl Blackwell, gave chase in separate patrol cars in an effort to locate the person who was responsible for the shooting. Although their collective efforts were unsuccessful, Coombs and Blackwell came across a parked car near the Greene/Elm intersection on Pleasant Street.1 They got out of their patrol cars to investigate, approached the parked vehicle on foot without their weapons being drawn, and found Baldwin and his uncle, Eric Gilchrist, sitting on the front seats.

When they were questioned about the shooting incident by the officers, Baldwin and Gilchrist denied having any knowledge about the gunshots. The record is not completely clear as to what transpired next. The Government claims that Baldwin and Gilchrist consented to a personal search by the officers. According to Coombs, Gilchrist said, “[w]e don’t have anything on us. You can check me.” Baldwin, after echoing his uncle’s sentiments, was instructed to exit the vehicle. Gilchrist, however, testified that Blackwell, without making any introductory comments, opened the driver’s door and imme[677]*677diately placed him in handcuffs in a squad car.

As Baldwin attempted to leave his car, he appeared to hesitate. In an effort to prevent Baldwin from reentering the vehicle, Coombs blocked the passenger doorway, spun him around, and conducted a pat down search. Baldwin broke free of Coombs’s grasp and ran north on Pleasant Street. Coombs, along with a third officer, pursued Baldwin who was eventually tackled by them and subdued with mace.2 During the skirmish, Coombs retrieved a firearm from Baldwin’s coat pocket.

Following the altercation, Baldwin was placed in the back of Coombs’s squad car where he was advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602,16 L.Ed.2d 694 (1966). Baldwin indicated that he understood his rights, and then made incriminating statements regarding the firearm. Baldwin was indicted on March 20, 2003. Four days later, Gwen Gregory, an agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), transported him from the county jail to the federal courthouse for a court appearance. During the trip, Gregory read Miranda warnings to Baldwin who indicated that he understood them. Baldwin thereafter made incriminating statements regarding his purchase of the gun and admitted that he was a convicted felon. When shown a photograph of the firearm at a later time, he identified it as the gun that was possessed by him on January 19, 2003.

On May 2, 2003, Baldwin filed a motion to suppress evidence of the firearm and his two incriminating statements, contending that the arrest was illegal and all subsequently obtained evidence was inadmissible. On August 23, 2003, the district court granted the motion, finding that (1) the police had “seized” Baldwin within the meaning of the Fourth Amendment immediately upon approaching Gilchrist’s vehicle and (2) the subsequent pat down procedure by Coombs was an “exploitation of the illegal stop.” J.A. at 28, 31. In making this finding, the district court reconciled the two different versions of events that had been cited by the parties by accepting the testimonies of Coombs and Gilchrist. Noting that the “two lines of testimony are not necessarily incompatible,” the district court gave credence to (1) Coombs, who testified during the suppression hearing that he had been told by Baldwin and Gilchrist that he could check them since they did not “have anything” on them, and (2) Gilchrist, whose testimony indicated that he had been ordered out of the car by Blackwell, handcuffed, and placed in the police cruiser within a minute of the officers’ approach. J.A. at 25.

II.

The Court reviews the factual findings of a district court in a suppression hearing for clear error, and reviews its conclusions of law, such as the existence or absence of probable cause, on a de novo basis. United States v. Couch, 367 F.3d 557, 560 (6th Cir.2004). The determination by the district court as to whether the facts establish an unconstitutional seizure under the Fourth Amendment is a question of law that we review de novo. United States v. Avery, 137 F.3d 343, 348 (6th Cir.1997).

III.

The Government initially argues that the district court erred in determining that the initial approach by the CPD officers represented a warrantless seizure in violation of the Fourth Amendment to the [678]*678Constitution. According to the Government, no seizure occurred because Coombs merely directed some questions to Baldwin who subsequently consented to a search. Accordingly, we must now seek to determine whether the facts in this case support a finding that the initial contact by the officers constituted a seizure or a consensual encounter. See United States v. Waldon, 206 F.3d 597, 602 (6th Cir.2002).

“[A] warrantless search or seizure is ‘per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.’ Consent is one such exception.” United States v. Roark, 36 F.3d 14, 17 (6th Cir.1994) (quoting Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)). It is clear that “[l]aw enforcement officers do not violate the Fourth Amendment’s prohibition of unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are willing to listen.” United States v. Drayton, 536 U.S. 194, 200, 122 S.Ct. 2105, 153 L.Ed.2d 242 (2002).

A consensual encounter becomes a seizure when “in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). In Mendenhall, the Supreme Court set forth several factors which, if present, indicate that a seizure has occurred. Such factors include “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” Id. at 554.

Upon our review of the record, we conclude that the encounter which took place on January 19, 2003, was not consensual.

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114 F. App'x 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-baldwin-ca6-2004.