United States v. Elmore

382 F. Supp. 3d 136
CourtDistrict Court, District of Columbia
DecidedJune 11, 2019
DocketCriminal Action No. 18-10243-NMG
StatusPublished

This text of 382 F. Supp. 3d 136 (United States v. Elmore) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Elmore, 382 F. Supp. 3d 136 (D.D.C. 2019).

Opinion

Nathaniel M. Gorton, United States District Judge

Defendant Quantae Elmore ("Elmore" or "defendant") has been indicted on one count of Felon in Possession of a Firearm and Ammunition in violation of 18 U.S.C. § 922(g)(1). The indictment also includes a criminal forfeiture allegation.

Before the Court is defendant's motion to suppress a loaded gun and ammunition obtained during a Terry stop and frisk in May, 2018. For the reasons that follow, that motion will be denied.

I. Background

A. The Earlier Shootings

In the early morning of May 4, 2018, a member of the Orchard Park ("OP") gang was shot. A subsequent investigation of that shooting by officers revealed that there was a potential split between the OP and Heath Street ("HS") gangs which had previously been aligned.

Around 9:40 P.M. that evening, several people were shot inside a housing complex in Jamaica Plain that was frequented by HS members. As a result of the two shootings, four police officers from the Boston Police Department's Youth Violence Strike Force were sent to patrol the Orchard Gardens Housing Development in Roxbury's Dudley Square. That area is associated with the OP gang. The officers were sent to investigate OP's possible connection to the shooting in Jamaica Plain.

B. The Police Officers' Observations and Surveillance Video of the Stop and Frisk

Around 9:55 P.M., the officers arrived at the Orchard Gardens Housing Development in an unmarked vehicle. They traveled along Ziegler Street in the direction of Winslow Street with their lights activated. As they passed Winslow Street, they noticed a white Scion with two African-American males identified as Geovonnie Mitchell ("Mitchell") and Alex Slaughter ("Slaughter") walking toward the car. The officers knew Mitchell was a member of OP.

The officers briefly stopped their vehicle next to the white Scion but then continued down Ziegler Street. At about that time, the officers were informed, via radio transmission, that a small white vehicle occupied by an African-American male was seen speeding away from the Jamaica Plain shooting 15 minutes earlier. Another transmission over a different channel broadcast noted that the suspect was seen wearing a grey hooded sweatshirt but Officer Antoine Ramos ("Officer Ramos"), who was driving the police cruiser, testified that he was unaware of that detail that night. The officers circled back around the block to investigate the white Scion and the individuals of interest.

A surveillance video shows that shortly after the officers made their initial pass on Ziegler Street, Elmore, an African-American male, was dropped off near the intersection *139of Dudley Street and Greenville Street by a friend. The video shows Elmore walking along Winslow Street toward Ziegler Street while talking on a cellphone. He was wearing a black T-shirt and khaki pants but no sweatshirt. He was walking somewhat behind a group of other young men.

The group of men and Elmore then turned right onto Ziegler Street and approached the white Scion. Elmore stopped next to the car and Slaughter opened the passenger door. Elmore leaned inside the vehicle while still talking on his cellphone. The group was still gathered around the Scion when the unmarked cruiser turned back onto Ziegler Street and Officer Ramos immediately activated the lights as they approached the car.

Officer Ramos contends that he observed a group of known OP and Vine and Forest Street ("VnF") gang members surrounding the Scion. He also credibly testified that he observed Elmore, who he knew from prior encounters with police, standing next to the car. Officer Ramos knew Elmore to be a member of the VnF gang which was closely aligned with OP. He was also aware that Elmore had prior firearm arrests. Officer Ramos testified that as the cruiser approached the Scion, he observed Elmore look at their vehicle with an alarmed expression and immediately grab at the front of his waistband.

According to Officer Ramos, Elmore then turned and walked away from the group of young men. The cruiser stopped directly behind the Scion and the officers immediately got out and approached the group. They were in plain clothes but wearing tactical vests with "Boston Police" displayed on the front. Most of the group of young men started walking back toward Winslow Street while Elmore continued in the opposite direction toward Bethune Street.

Officer Ramos testified and the surveillance video confirms that Elmore looked back at the officers several times as he walked away. According to Officer Ramos, Elmore made several more adjustments to the front waist area of his pants with one or both hands as he walked away. In his affidavit Elmore denies that he grabbed the front of his waistband but the surveillance videos show that three times Elmore had his left hand down near his front waistband while he held the cellphone in his right hand. It is unclear from the footage, however, whether Elmore ever grabbed his front waistband with both hands during the encounter with the officers.

Based on his training, experience and knowledge of Elmore's criminal history, Officer Ramos suspected that Elmore was carrying a weapon. He testified that Elmore's grabbing of the front of his waistband was consistent with someone attempting to secure a firearm. Officer Ramos testified that he called out to Elmore as he walked, Elmore looked back, took a few more steps away from them and then stopped while still holding his cellphone in his right hand.

The surveillance video shows that Elmore reached a shaded area on the sidewalk next to a parked white truck. Although the next sequence is not visible in the video, Officer Ramos testified that Elmore then grabbed at his waistband again with both hands, said something to the effect of "oh, nah" and that Ramos then observed a bulge consistent with a gun in the front waist area of defendant. Based on what he saw, Officer Ramos approached Elmore to frisk him for a weapon. He testified that he reached for the front waistband of Elmore and felt what he knew to be a firearm. He then alerted the other officers to the presence of a firearm and he and another officer grabbed Elmore *140and took him to the ground as other officers approached. They placed Elmore in handcuffs and removed a loaded Smith & Wesson revolver from his waistband.

In August, 2018, defendant was indicted for being a felon in possession of a firearm. In March, 2019, he filed a motion to suppress the gun and ammunition.

C. The Parties' Arguments

Elmore claims that the gun and ammunition were seized as a result of an unlawful stop and frisk. He contends that the officers lacked reasonable suspicion to stop or frisk him because 1) the surveillance video shows that he never grabbed at his waistband with both hands or otherwise acted suspiciously, 2) the officers stopped defendant primarily on the basis of his race and gender and 3) gang affiliation in a high-crime area is insufficient to provide reasonable suspicion for a Terry stop.

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Bluebook (online)
382 F. Supp. 3d 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-elmore-dcd-2019.