United States v. Michael Patterson

340 F.3d 368, 2003 WL 21946738
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 28, 2003
Docket01-6001
StatusPublished
Cited by46 cases

This text of 340 F.3d 368 (United States v. Michael Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Michael Patterson, 340 F.3d 368, 2003 WL 21946738 (6th Cir. 2003).

Opinions

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court, in which DAUGHTREY, J„ joined. KENNEDY, J. (pp. 372-373), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Michael Patterson proffered a conditional plea of guilty to possession of a firearm by a convicted felon in violation of Title 18 U.S.C. § 922(g). He reserved his right to appeal the district court’s denial of his motion to suppress evidence seized during a police search of his person. The district court sentenced Patterson to ten years imprisonment, followed by three years of supervised release. Patterson now appeals the district court’s denial of his motion to suppress. For the reasons set forth below, we REVERSE.

On October 19, 2000, Officer Myron Fair of the Memphis Police Department was given between fifteen to twenty citizen complaints to investigate. One of those complaints regarded a group of males at the corner of Foster and Willet streets who were conducting illegal drug sales. Officer Fair had at the time ten years of experience with the police department, two of which were with the vice-narcotics division. At trial, he described the corner of Foster and Willett as a “hot spot,” a constant source of complaints ranging “from domestic violence to shots fired, from drugs, carjackings ... all day every day.”

Fair, along with his partner Felip Boyce, arrived at the corner on the day in question in an unmarked vehicle. As they approached they saw “at least eight male blacks standing from the curb to the sidewalk to the top of the driveway” in front of 1564 Foster, which is “about a house length” from the intersection of Foster and Willett. Patterson was one of the individuals in this group. The group did not alter their behavior until the officers got out of their car dressed in police gear. At that point, the group moved away while tucking their hands in their pockets. The officers [370]*370observed one of the individuals, not Patterson, making a throwing motion towards the bushes. Seeing this, the officers requested that all of the individuals stop, take their hands out of their pockets, and place them on a nearby vehicle. The officers claim this was to search for weapons and drugs and to ensure the officers’ safety. Other officers arrived in a second unmarked car shortly thereafter.

Officer Fair conducted a pat down of Patterson and found a .40 caliber revolver in his right side waistband. Patterson was subsequently handcuffed and arrested.

On February 21, 2001, a federal grand jury in the Western District of Tennessee returned an indictment charging Michael Patterson with possession of a firearm by a convicted felon in violation of Title 18 U.S.C. § 922(g). The defendant filed a motion to suppress evidence on March 22. The district court conducted an evidentiary hearing on the motion on April 6. At the conclusion of the hearing, the court issued an oral ruling denying the motion. The defendant entered a conditional guilty plea, reserving his right to appeal the denial of the motion to suppress evidence, and on August 7, he was sentenced to the maximum penalty of ten years imprisonment with three years of supervised release.

We review a district court’s legal conclusions with respect to a motion to suppress de novo. United States v. McLevain, 310 F.3d 434, 438 (6th Cir.2002).

In Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court held that officers have the authority under the Fourth Amendment to stop and temporarily detain citizens with only reasonable suspicion to justify the stop. According to Terry, id., this type of warrantless search is legal if

a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger ... And in determining whether the officer acted reasonably in such circumstances, due weight must be given ... to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience.

The Court expounded on Terry in United States v. Cortez, 449 U.S. 411, 417-418, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981), stating that

[a]n investigatory stop must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity ... the totality of the circumstances — the whole picture — must be taken into account. Based upon that whole picture the detaining officers must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.

With these tests in mind, we now look to the evidence articulated by the officers to support their reasonable suspicion to search the group at Foster and Willet. The entire incident began with an anonymous call to a drug hotline for the reporting of drug-related crimes. The message on the hotline complained about drug sales at the corner of Foster and Willett at some earlier time on the day in question. At 9:30 pm, over five and a half hours after Officer Fair received the complaint, he and Officer Boyce arrived at the location. At a house near the corner, the officers observed eight black males at the front of a house. When the police officers revealed that they were police officers, the group put their hands in their pockets and began walking away from the officers. At this, the officers instructed the group to stop moving and put their hands on the car. At this point, the officers needed to have rea[371]*371sonable suspicion in order to stop the defendant. United States v. Buchanon, 72 F.Bd 1217, 1226 (6th Cir.1995).

In Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1875, 146 L.Ed.2d 254 (2000), police officers received an anonymous tip that a young black male wearing a plaid shirt was at a bus station and carrying a firearm. In that case, the Court held that the anonymous tip was not enough, despite the inclusion of age, race, clothing type, and specific location of the defendant, to justify reasonable suspicion. Id. at 271, 120 S.Ct. 1875. In this case, Officers Fair and Boyce had none of that information. The tip merely described drug activity without any details as to the perpetrators. An anonymous tip’s reliability stems from its ability to predict future activities. Alabama v. White, 496 U.S. 325, 332, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990). The anonymous tip in this case offered no reliable or meaningful information in support of reasonable suspicion because it was not specific enough as to a prediction of future unlawful activities.

A comparable case to this one is United States v. Roberson, 90 F.3d 75 (3rd Cir.1996).

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Bluebook (online)
340 F.3d 368, 2003 WL 21946738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-patterson-ca6-2003.