United States v. Hakeem Brown

565 F. App'x 98
CourtCourt of Appeals for the Third Circuit
DecidedMay 2, 2014
Docket13-3346
StatusUnpublished

This text of 565 F. App'x 98 (United States v. Hakeem Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Hakeem Brown, 565 F. App'x 98 (3d Cir. 2014).

Opinion

OPINION

VANASKIE, Circuit Judge.

Appellant Hakeem Brown entered a conditional plea of guilty to possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). Under the terms of the plea, Brown reserved the right to appeal the District Court’s denial of his motion to suppress. For the reasons discussed below, we will affirm the District Court’s denial of Brown’s motion.

I.

Because we write primarily for the parties, we will recount only the facts essential to our discussion.

On February 24, 2012, Officer Robert Fox of the Wilmington Police Department received information from a confidential informant that a person known as “Hakeem” was “frequently armed and would have a firearm when he is driving....” (App.78.) The informant described “Hakeem” as a bearded black male, approximately 5' 9" and 190 pounds, who customarily drove a dark blue sport-utility vehicle with “rims.” (App.39.) Based on this information, another officer displayed a photo of a suspect to the informant, and the informant identified that person as the brother of “Hakeem.” From this the officers surmised that “Hakeem” might be defendant Hakeem Brown, who also appeared in the police database. Officer Fox displayed a picture of Brown to the informant, who confirmed that Brown was the person he had been describing. A criminal history check of Brown revealed that he had been previously convicted of a felony.

That same afternoon, Officer Fox arranged for the informant, who at the time was under arrest at the Wilmington police station, to place a series of cell phone calls to Brown. During the ensuing calls, which were played aloud “on speakerphone” and monitored by at least two officers on each occasion, (App.40), Brown and the informant discussed an apparently prearranged plan to conduct a “home invasion” together later that evening, (App.41). The two agreed that they would meet beforehand near the intersection of Lower Oak and Brown Streets in Wilmington.

As the hour of the planned gathering approached, Officer Fox instructed the informant to find out, using “street terminology,” if Brown would be bringing a firearm. (App.83.) During the next call, the informant asked Brown if he “had his jawn,” to which Brown responded that he was en route and that “he did have it.” *100 (App.46.) Later, when Brown called the informant to confirm that he was in the vicinity of their meeting point, the informant asked Brown if he was “strapped,” to which Brown responded affirmatively. (App.48.) Officer Fox testified that both carrying a “jawn” and being “strapped” were references to possession of a firearm. (App.46, 48.)

As these calls took place, Detective Steven Barnes and other members of the Wilmington Police Department established surveillance positions near the intersection of Lower Oak and Brown Streets. Shortly after the final call between Brown and the informant, Barnes observed a dark blue Suburban with rims approach the meeting location and secure a nearby parking spot. Several police vehicles moved in to block the Suburban’s exit. Barnes, on foot, approached the driver’s-side door of the Suburban with his weapon drawn. After confirming that Brown’s hands were visible and empty, Barnes holstered his weapon, removed Brown from the driver’s seat, and handcuffed him.

Detective Barnes initially performed a limited pat down of Brown’s waist area for weapons, but found nothing. A moment later he moved Brown a short distance from the vehicle and conducted a second, more thorough frisk, which revealed a quantity of heroin secreted inside one of Brown’s pockets. Other officers then transported Brown to the Wilmington Police Department. Brown’s vehicle, too, was taken to the station, where it was searched by Officer Fox and others. They recovered a loaded handgun and additional ammunition from hidden compartments inside the vehicle, and a black ski mask from the back seat. While processing Brown’s arrest at the station, officers found an additional four bags of heroin on his person. Brown later made incriminating statements to police while being interviewed after his arrest.

On April 12, 2012, Brown was indicted by a federal grand jury for one count each of (1) interference with commerce by threats or violence, in violation of 18 U.S.C. § 1951; (2) possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(i); (3) possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and (4) possession of a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). Brown moved to suppress the evidence recovered from his person and his vehicle, as well as his later statements to police. On September 11, 2012, the District Court held an evidentiary hearing, after which it denied Brown’s motion to suppress in a detailed written opinion filed January 8, 2013.

On April 8, 2013, Brown entered a conditional plea of guilty under Rule 11(a)(2) to possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g)(1). On July 8, 2013, the District Court imposed a sentence of 60 months’ imprisonment, 6 years of supervised release, and a $200 special assessment. Judgment was entered on July 15, 2013. Brown filed a timely notice of appeal.

II.

The District Court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under 28 U.S.C. § 1291. We exercise de novo review over the District Court’s legal determinations as to probable cause, but review underlying factual findings only for clear error. Ornelas v. United States, *101 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).

III.

Brown’s sole argument on appeal is that the police, upon discovering that Brown did not have a firearm on his person, lacked probable cause to arrest him, and thus also lacked authority to search his nearby vehicle incident to arrest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beck v. Ohio
379 U.S. 89 (Supreme Court, 1964)
Ornelas v. United States
517 U.S. 690 (Supreme Court, 1996)
Arizona v. Gant
556 U.S. 332 (Supreme Court, 2009)
Johnson v. Campbell
332 F.3d 199 (Third Circuit, 2003)
United States v. Whitfield
634 F.3d 741 (Third Circuit, 2010)
United States v. Glasser
750 F.2d 1197 (Third Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
565 F. App'x 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hakeem-brown-ca3-2014.