United States v. Karen R. Young and Nathaniel J. Pugh

598 F.2d 296, 194 U.S. App. D.C. 377, 1979 U.S. App. LEXIS 15486
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 12, 1979
Docket78-1678
StatusPublished
Cited by24 cases

This text of 598 F.2d 296 (United States v. Karen R. Young and Nathaniel J. Pugh) 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. Karen R. Young and Nathaniel J. Pugh, 598 F.2d 296, 194 U.S. App. D.C. 377, 1979 U.S. App. LEXIS 15486 (D.C. Cir. 1979).

Opinions

ROBB, Circuit Judge:

The United States appeals from an order of the District Court suppressing evidence. 18 U.S.C. § 3731. We reverse.

The defendants Young and Pugh were indicted in two counts. The first count charged that on March 1, 1978 they had in their possession a check payable to Gertrude Jenkins which they knew had been stolen from the mail. 18 U.S.C. § 1708. The second count alleged that on March 1, 1978 they falsely personated Gertrude Jenkins in an endeavor to receive money which she was entitled to receive. 18 U.S.C. § 914.

Before trial both defendants filed motions to suppress evidence. Young moved to suppress the evidence seized as an incident to her arrest, consisting of a Treasury check payable to Gertrude Jenkins and a false identification card in the name of Gertrude Jenkins. She averred that there was no probable cause for her arrest. She also [298]*298moved to suppress her written confession upon the ground that it was the product of the unlawful arrest, was involuntary and was made without an intelligent and knowing waiver of her rights. Pugh moved for suppression of his confession on the ground that it was the fruit of an illegal arrest. He did not contend that his confession was involuntary.

After a two-day hearing the district judge in an oral ruling denied the motion to suppress. He held that probable cause for the arrest of Young was established by information received from a reliable informant, together with “the sequence of events” leading up to the arrest, “the mosaic that was being developed.” (Tr. 247, 248) He also held that Young’s confession was voluntary and made with a full understanding of her rights. Subsequently however the district judge announced that he had reconsidered his ruling; and in a memorandum opinion and order he then held that there was no probable cause for the arrest of the defendants and that their confessions as well as the stolen Treasury check and false identification card seized from Young must be suppressed. We think the District Court’s original conclusions were correct.

The definition of probable cause is established and familiar: it exists when the facts and circumstances within the arresting officer’s knowledge and of which he has reasonably trustworthy information are sufficient to warrant a man of reasonable caution in the belief that an offense has been or is being committed. As the words “probable cause” imply the concept deals with probabilities, not with certainty; probable cause may exist although the evidence before the arresting officer is not sufficient to establish guilt. Brinegar v. United States, 338 U.S. 160, 172-73, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959); United States v. Davis, 147 U.S.App.D.C. 400, 458 F.2d 819 (1972). As we have said in other cases, whether probable cause exists depends on the facts and circumstances of the particular case so that the decision in one case seldom furnishes a pat answer in another. A principle to be applied generally however is that in judging the reasonableness of the actions of the arresting officer the circumstances before him are not to be dissected and viewed singly; rather they must be considered as a whole. As the district judge here aptly put it in his oral opinion, the facts must be appraised as a “mosaic”. So considered they are to be viewed through the eyes of a reasonable and cautious police officer on the scene, guided by his experience and training. See United States v. Davis, 147 U.S.App.D.C. 400, 458 F.2d 819 (1972); United States v. Hall, 187 U.S.App.D.C. 215, 535 F.2d 857 (1976); United States v. Wylie, 186 U.S.App.D.C. 231, 569 F.2d 62 (1977), cert. denied, 435 U.S. 944, 98 S.Ct. 1527, 55 L.Ed.2d 542 (1978).

We turn now to a consideration of the facts and circumstances known to the officers when they arrested the defendants Young and Pugh.

At the hearing on the motion to suppress, the evidence disclosed that about 5 o’clock on the afternoon of March 1, 1978 an informant telephoned the Washington field office of the Secret Service from the Creative Photography Shop at 1749 Pennsylvania Avenue, N.W., in Washington, D.C. Although the informant was not identified at the hearing it is plain that he was either the proprietor or an employee of the photography shop. He reported that a black female, later identified as Karen Young, was then purchasing a photographic identification card in the name of Gertrude Jenkins, 3516-lOth Street, N.W. He described Young as a person approximately twenty-five years old, five feet four inches tall, weighing 125 pounds. He said a stolen United States Treasury check might be involved.

The informant had been providing information to the Secret Service for about five years. On many prior occasions he had given information which had proved to be correct' and which had led to arrests and convictions. Secret Service agents Flemister and Adams testified that they had par[299]*299ticipated in several investigations begun on the basis of information from the informant. Agent Flemister testified that she had participated in approximately fifty such investigations and that about twenty arrests were made as a result of the informant’s reports. Agent Adams testified that he had taken part in about twelve such investigations and that about one-half of these resulted in arrests and convictions.

The agents knew that Treasury checks were normally delivered in the first three days of the month and that false identification cards were frequently used to cash stolen Treasury checks. As Agent Adams, an agent of wide experience, testified, “[t]he modus operandi is about the same anywhere in the country.” (Tr. 215)

The information given by the informant was transmitted to agents who immediately went to the vicinity of the Creative Photography Shop, located only one block from the Washington field office of the Secret Service. Among these agents were Flemister and Adams and Agents West and Rasor. They set up a surveillance of the shop, Flemister and West being seated in an automobile parked on Pennsylvania Avenue directly across from the shop.

While the agents maintained their surveillance at the photographic shop Secret Service Agent Whicher went to the home of Gertrude Jenkins at 3516-lOth Street, N.W. Mrs. Jenkins was not at home but a neighbor told Agent Whicher that Gertrude Jenkins was a 75-year old black woman with gray hair. The neighbor also informed Agent Whicher that earlier in the day her husband had seen an unknown black male walking away from Mrs. Jenkins’ porch with a brown envelope that, looked like the kind of envelope that would contain a check. The neighbor told Agent Whicher that her husband had seen the man from his house across the street but that when he went' downstairs to get a better look the man was gone. The man was described as a black male approximately six feet tall, weighing 200 pounds, wearing a knit hat, brown pants and a coat. This information was transmitted by radio to the agents on the scene at the photography shop.

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

Related

United States v. Gilliam, Darron G.
167 F.3d 628 (D.C. Circuit, 1999)
United States v. Brown
Third Circuit, 1998
United States v. Kenneth C. Brown
159 F.3d 147 (Third Circuit, 1998)
Green v. United States
662 A.2d 1388 (District of Columbia Court of Appeals, 1995)
In re J.M.
619 A.2d 497 (District of Columbia Court of Appeals, 1992)
Cousart v. United States
618 A.2d 96 (District of Columbia Court of Appeals, 1992)
Peay v. United States
597 A.2d 1318 (District of Columbia Court of Appeals, 1991)
United States v. Anello
765 F.2d 253 (First Circuit, 1985)
United States v. Smith
614 F. Supp. 25 (District of Columbia, 1984)
United States v. Fred M. Glover AKA Blackbuster
725 F.2d 120 (D.C. Circuit, 1984)
United States v. Glover
555 F. Supp. 604 (District of Columbia, 1982)
Commonwealth v. Alabarces
427 N.E.2d 498 (Massachusetts Appeals Court, 1981)
In Re John C.
425 A.2d 536 (Supreme Court of Rhode Island, 1981)
United States v. Avance R. Allen
629 F.2d 51 (D.C. Circuit, 1980)
United States v. Gomez
495 F. Supp. 992 (S.D. New York, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
598 F.2d 296, 194 U.S. App. D.C. 377, 1979 U.S. App. LEXIS 15486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-karen-r-young-and-nathaniel-j-pugh-cadc-1979.