United States v. James

62 F. Supp. 3d 605, 2014 U.S. Dist. LEXIS 147311, 2014 WL 5307628
CourtDistrict Court, E.D. Michigan
DecidedOctober 16, 2014
DocketCase No. 13-CR-20794
StatusPublished
Cited by3 cases

This text of 62 F. Supp. 3d 605 (United States v. James) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. James, 62 F. Supp. 3d 605, 2014 U.S. Dist. LEXIS 147311, 2014 WL 5307628 (E.D. Mich. 2014).

Opinion

MEMORANDUM OPINION AND ORDER REGARDING MOTION TO SUPPRESS AND SETTING PRETRIAL CONFERENCE

DENISE PAGE HOOD, District Judge.

This matter comes before the Court on the Defendant Johnathan James’ Motion to Suppress Evidence Seized Pursuant to “Terry Stop.” [Docket No. 24, filed February 21, 2014] The Government filed a Response to this Motion on March 28, 2014, [Docket No. 28] to which Defendant filed a Reply. [Docket No. 29, filed April 2, 2014] The Court held evidentiary hearings on this matter.

I. BACKGROUND

Defendant is charged with violating 18 U.S.C. § 922(g) — Felon in Possession of a Firearm after, having been convicted of a crime punishable by imprisonment for a‘ term exceeding one year, Defendant “knowingly possessed] in and affecting interstate commerce a firearm, ... a Raven Arms .25 caliber handgun, said firearm having been shipped and transported in interstate commerce” in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). [Indictment at 1]

A. Police Report

The Government relied on the Police Report in their response to Defendant’s motion. The Police Report states that on September 16, 2013, Detroit Police Officers Earnest Cleavers and James Taylor were on patrol in the area of 7 Mile and Lahser Roads in the City of Detroit, Michigan where they saw a group of men “lurking around the front door of United Party Store.” [Docket No. 28, Ex. 1] “Fearing [607]*607possible armed robbery” and knowing from prior experience that the area was a “high crime area,” the officers pulled into the parking lot of the store. [Id] The Report states that the men began to walk east towards Lahser when Defendant in particular “looked stunned and was speechless” as the officers approached the group of men. [Id.] The officers claimed to have asked the group how their night was going and assert that Defendant began stuttering and 'was unable to give a clear response. [Id.] The officers also contend that they say what appeared to be a bulge in the “right side pocket” of Defendant “above his knee.” [Id.]

The officers exited their squad car and approached the group. The report states that Defendant “turned around” and that the officers “could smell the odor of marijuana” as they approached. [Id.] Officer Cleaves, the reporting officer, asserts that Defendant’s actions along with his experience as a police officer with several gun arrests led him to believe that Defendant may be armed with a handgun. [Id] Officer Cleaves “patted [Defendant’s] right side pant pocket” and retrieved a small handgun where he had previously seen the bulge. [Id] The report claims that Defendant stated that he was only carrying the weapon “to protect his family.” The handgun, a Raven .25 caliber, was loaded with six (6) live rounds with one live round in the chamber. Defendant was arrested and taken into custody. [Id]

B. The Hearing

Four witnesses testified at the suppression hearing, including the two arresting officers, both Detroit Police officers, .both African American, Defendant, and Defendant’s friend who was present at the scene. Officer Ernest Cleaves has been a member of the Detroit Police Department for thirteen years. He was assigned to the Second Precinct Special Operation on the day of this incident, September 16, 2013. He was patrolling the 7 Mile/Lahser area in a fully marked scout car with his partner, Officer James Taylor. Cleaves was the driver going west on 7 Mile Road at about 5-10 miles per hour. He had an unobstructed view of the strip mall where there was a party store and a chicken restaurant, among other stores. At that time, he observed several males standing near the front of the chicken restaurant. Cleaves pulled into the parking lot and rolled down the car window, engaging the men by asking the men how they were doing and how the night was going. Cleaves testified that Defendant began to walk away from the group, heading east. Cleaves testified that James did not respond to the officers’ questions, just mumbled. Cleaves stated that James “bladed” his right side away from the officers, to “hide” his right side away from Cleaves. Cleaves noted that armed individuals “blade” their bodies away to prevent police from seeing a bulge in their clothing. He noted that the Defendant looked shocked, unsure of where he was going and gave the officers a blank stare. These were all suspicious mannerisms to Cleaves. The officer said there was the smell of marijuana. The officer also noted that Defendant was wearing sagging jeans and there was a bulge near his right knee on the hip area which Cleaves believed to be a gun. Officer Cleaves then exited his vehicle, stopped the Defendant and patted him down, finding a small loaded handgun in Defendant’s pocket. Cleaves admitted that the bulge he saw could have been a wallet or a cell phone.

Defendant Cleaves did not see Defendant exit from a vehicle. He could only say that the men had been there 30 seconds or so; he observed them for 15-20 seconds. The other men with Defendant walked the other way and his partner fo[608]*608cused on them. Cleaves was not sure if his partner stopped any of the other men.

Defense counsel noted several inconsistencies between Cleaves’ testimony and the police report and activity log of the officers. Of note is that the, police report states there were several males in front of the store while the Activity Log states only one male.

Officer James Walter Taylor III is a Detroit Police Officer with 14 years of police experience. He was Cleaves’ partner on the day of the incident and the passenger in the police vehicle. Taylor testified that he saw three people standing between the liquor store and the fish market near the chicken restaurant at 7 mile Road and Lahser. He noted that he was very familiar with the area and usually there is an ebb and flow to these businesses; people going in and out. Taylor noted that Defendant seemed “really nervous” when the officer approached and asked what was going on. He testified that Defendant walked off like he was about to sprint; a fast paced walk. Prior to that, Taylor testified that Defendant just stopped talking to the other men and walked off when he saw the police. He stated “Like it’s something wrong with that. We want to see — it’s something wrong with that when a person just sees us and everybody else is not frightened or startled. The other people are there and the one person looks like oh, I got to get out of here, almost like he’s about to take flight right before he does it.” (Tr. 4/28/14 at 62:18-22) Taylor admitted he only observed Defendant a few seconds. He also stated Defendant “bladed his body away;” “his right leg went back. His right leg went back. His left leg was front and that right side of his body he just turned away from my partner and from me.” (Tr. 4/28/14 at 63:18-19) He further stated that based on his experience Defendant was trying to hide something on that side. Taylor also explained what he meant when he wrote in his report that the Defendant appeared dumb-founded. “He looked surprised like oh my God, the police is right here. His eyes was bulging out and widening and he just looked like he didn’t know what to do.

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Cite This Page — Counsel Stack

Bluebook (online)
62 F. Supp. 3d 605, 2014 U.S. Dist. LEXIS 147311, 2014 WL 5307628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-mied-2014.