United States v. Bridges

382 F. Supp. 3d 62
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 21, 2019
DocketCrim. Action No. 18-0370 (ABJ)
StatusPublished
Cited by3 cases

This text of 382 F. Supp. 3d 62 (United States v. Bridges) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Bridges, 382 F. Supp. 3d 62 (D.C. Cir. 2019).

Opinion

AMY BERMAN JACKSON, United States District Judge

Defendant Delonte Bridges was charged in a one-count indictment with unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Indictment [Dkt. # 1]. The firearm was recovered from defendant's waistband when he was stopped on October 21, 2018 by officers of the District of Columbia Metropolitan Police Department ("MPD"). Defendant moved to suppress the handgun, arguing that it was obtained in violation of the Fourth Amendment to the U.S. Constitution. Mot. to Suppress Physical Evid. [Dkt. # 9] ("Def.'s Mot.") at 4-6. The government opposed the motion, Gov't Opp. to Def.'s Mot. [Dkt. # 11] ("Opp."), and on May 8, 2019, the Court held an evidentiary hearing. Min. Entry (May 8, 2019); Tr. of Proceedings May 8, 2019 [Dkt. # 22] ("Tr.").

At the suppression hearing, the government presented the testimony of the MPD arresting officer, Merissa McCaw, and it submitted a montage of body camera clips from the arrest, still shots of those videos, photographs of the area where the events took place, and photographs of the defendant after he was detained and the firearm was discovered. See Gov't's Ex. List [Dkt. # 19].1 Defendant introduced additional body camera footage and still shots taken from those videos. See Def.'s Ex. List [Dkt. # 18]. After the hearing, the parties submitted supplemental briefs in support of their positions. Def.'s Suppl. Mem. of Law Regarding Suppression of Evid. [Dkt. # 20] ("Def.'s Suppl."); Gov't's Suppl. to its Opp. to Def.'s Mot. [Dkt. # 21] ("Gov't's Suppl.").

Based upon its review of all of the evidence, the pleadings, and the relevant legal authorities, the Court will deny defendant's motion. Applying the decision of the Supreme Court in Illinois v. Wardlow , 528 U.S. 119, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000), the Court finds that the combination of all of the facts and circumstances, including the defendant's flight from police in a high crime area, were sufficient to give rise to the reasonable suspicion needed to initiate an investigatory stop. And there is no dispute that after the defendant was stopped, a firearm was visible and was recovered from his person.

FACTUAL BACKGROUND

Officer Merissa McCaw testified that on October 21, 2018, at approximately 4:30 *64pm, she was in one of two cars driven by members of the MPD Gun Recovery Unit ("GRU") in the Sursum Corda neighborhood in the District of Columbia. Tr. at 4-6; 27:20-23. Officer McCaw was seated behind the driver of the first car, Officer Wright, and there were two other officers in that vehicle. Tr. at 6:13; 20:25-21:10. A second car with four more police officers followed immediately behind. Tr. at 6:11-15; 43:14-16. The cars were unmarked, but the eight officers wore police vests, and the videotapes reveal that the word "POLICE" was clearly visible across their chests. Tr. at 8:2-7; Def.'s Ex. 2, Minsak Body Camera, 20:35:54.2 McCaw testified that at the time in question, they had entered what they understood to be a high crime neighborhood, with a "large amount of drug dealing." Tr. 25:16-18, 27:8-12. She also testified that although she did not remember the specific incident that prompted the decision to send her team to that location, they were dispatched by their superiors in the wake of a "firearms-related event" that occurred earlier that day or the night before. Tr. at 27:20-23; 48:1-14.

Officer McCaw testified that their car was initially driving eastbound on M Street Northwest, and then made a right turn, heading southbound onto the 1110 block of First Place Northwest, where a group of individuals were congregated. Tr. at 16:7-11; 22:21-23:2. As the car entered the block, someone yelled "Omaha," which is known to be a code word to indicate the presence of police. Tr. at 17:16-22. She stated that when she heard that word she began to watch the individuals on the block to see if anyone would react. Tr. at 20:7-14. She noticed that "[o]f the individuals that were standing in the block, only two people changed their behavior" - defendant and one other man separated from the group and began walking on the sidewalk head-on towards the officers' cars and away from the group. Tr. at 20-23.

Officer McCaw testified that as the two men walked by the first car, Officer Wright, who was seated directly in front of her, spoke to them from the open driver's window. Tr. 20:20-21:13. He "identified himself as the police and asked if everything was good." Tr. at 21:2-3. The individuals kept walking and did not respond. Tr. at 21:12-15. Officer Wright then stopped the car and got out, and according to Officer McCaw, "as he did so, Mr. Bridges took off running northbound, towards M Street." Tr. at 21:17-19; see also Tr. at 22:15-17 (Question by the prosecutor: "When Officer Wright exited the vehicle, was the defendant running at that time?" Answer: "As Officer Wright got out, Mr. Bridges took off running."); Tr. at 52:25-53:1 ("I saw Officer Wright get out and Mr. Bridges take off."). Officer Wright and the other officers pursued the defendant on foot, Tr. at 22:18-20, while Officer McCaw got out of the back seat and took over the vehicle. Tr. at 39:8-13.

The body camera footage reveals that the following events then took place. Police officers chased defendant down the First Place block and around the corner onto M Street Northwest. Officer Denton yelled several times: "Get on the ground now!" Def.'s Ex. 3, Denton Body Camera, 20:35:51. The defendant eventually complied and dropped to a prone position on *65the ground with his arms outstretched above his head. Id. at 20:35:57. As Officer Denton approached the defendant on the ground, a firearm was visible on the left side of defendant's waistband. Id. The officer then took hold of the defendant while he was on the ground and ordered him to "turn on his stomach." Id. Another officer is overheard saying "1-800," id. at 20:35:59, which Officer McCaw testified is a code word for the presence of a firearm. Tr. at 38:2-3. Once defendant was placed in handcuffs and turned over to face the officers, the firearm is again visible in the videotape on the left side of his waistband. Gov't's Ex. 1, Anderson Body Camera, 20:36:39; Gov't Ex. 12, Crime Scene Photograph.

The facts are largely undisputed.

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Bluebook (online)
382 F. Supp. 3d 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bridges-cadc-2019.