United States v. Pollins

145 F. Supp. 3d 525, 2015 U.S. Dist. LEXIS 152536, 2015 WL 6940116
CourtDistrict Court, D. Maryland
DecidedNovember 9, 2015
DocketCRIMINAL NO.: WDQ-14-0447
StatusPublished
Cited by2 cases

This text of 145 F. Supp. 3d 525 (United States v. Pollins) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pollins, 145 F. Supp. 3d 525, 2015 U.S. Dist. LEXIS 152536, 2015 WL 6940116 (D. Md. 2015).

Opinion

MEMORANDUM .OPINION

William D. Quarles, Jr., United States : District Judge

Quadell Pollins is charged with unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § -922(g)(1). ECF No. 1. Pending are Pollins’s motions to suppress evidence from a search of his vehicle, and to suppress statements. ECF Nos.' 42-43. For 'the following reasons, the Court' will grant - Pollins’s motion to suppress evidence. Because all of Pollins’s statements flowed from the unlawful search, they will also be suppressed, rendering Pollins’s other motion moot,

I. Background

A. Alleged Criminal Conduct1

On July 21, 2013, at approximately 1:50 pm, a Baltimore County 911 operator received a call, reporting that an African American male driver and Caucasian female passenger had a handgun in their car at the 7-Eleven convenience store on Hola-bird Avenue, in Baltimore County, Maryland. ECF No. 55 at 2. The caller refused to identify himself, but described the vehicle as a gold Chrysler with expired North Carolina tags. Id. The caller did not tell the operator how he. had knowledge of the gun, and indicated that he was not positive about the gun’s location in the car, stating that the gun was either in the car or the passenger’s purse. Id. The caller also told the operator that the man and woman were possibly heading towards “Bill’s” bar.2 ECF No. 60-2 at 4.

Officer Johnson of the Baltimore County Police responded to the dispatch that there was a “subject with a weapon” at the 7-Eleven. ECF No. 55 at 2.3 Approaching [529]*529the 7-Eleven in his marked police car, Officer Johnson saw a gold Chrysler with North Carolina plates parked facing the convenience store.4 Id. Officer Johnson pulled into the 7-Eleven and confirmed that the Chrysler was occupied by an African American male driver and Caucasian female passenger.5 ECF No. 69 at 22-23. After Officer Johnson entered the 7-Elev-en parking lot, “he observed that ... the occupants of the Chrysler immediately began twisting around in their seats, looking anxiously over their shoulders at him in his police cruiser.”6 Id. at 2-3. After seeing the police car, the occupants “immediately began making furtive movements, leaning forward, reaching toward the front floorboard area, as if" [to reach] under their seats.” Id. at 3. “The occupants were leaning, so far forward that Officer Johnson could no longer see their heads or shoulders as they ducked down, reaching forward.” Id. Officer Johnson believed that the occupants were “either secreting something under the front seats or reaching to retrieve something already secreted under the front seat.” Id.

Officer Johnson left his car and approached the Chrysler. ECF No. 55 at 3, [530]*530The occupants “continued] to both lean forward in their seats, and glance back at him.” Id. As Officer Johnson approached the Chrysler, the driver’s side door swung open. Id. Officer Johnson immediately ordered the occupants to remain in the Chrysler, and to place their hands on the dashboard. Id. The occupants complied. Officer Johnson called for back-up. Id. When another officer arrived, the occupants were removed from the Chrysler and seated apart from each other on the sidewalk curb in front of the 7-Eleven. Id. at 3-4; ECF No. 69 at 27-29. The passengers were not handcuffed, but they could not touch the Chrysler from where they were seated. ECF No. 69 at 28-29, 99-101. The man was identified as the defendant, Quadell Pollins, and the passenger was identified as Angelina Mikles. Id.

After several other officers arrived,7 Officer Johnson returned to the Chrysler to search for a weapon. ECF No. 55 at 4. Officer Johnson testified that he always searches cars in “a clockwise motion”starting with the front passenger side of the car and moving around to end at the front of the driver’s side of the car. See ECF No. 69 at 29. When Officer Johnson reached the passenger side floorboard of the Chrysler, he “located an empty Newport brand cigarette box.”8 ECF No. 55 at 4; see also Def. Ex. No. 1 at 3 (probable cause statement also described the cigarette box as “empty”).

When Officer Johnson picked up the box, he “felt something rattling around inside.”9 ECF No. 69'at 29. Officer Johnson knew that whatever was rattling around was not a cigarette. Id. at 30. “Upon opening the cigarette box, he located a glass tube device, with black residue inside, which Officer Johnson immediately recognized ... to be drug paraphernalia, used for smoking controlled dangerous substances.” Id. The glass smoking pipe contained a yellow plastic bag with a white powdery substance that Officer Johnson believed was crack cocaine. Id. The tube and bag were very small, and very lightweight. See ECF No. 69 at 103-05.

Officer Johnson left the Chrysler and asked the occupants to whom the items in the cigarette box belonged, but “neither occupant would claim ownership.”10 ECF No. 55 at 4. After, Mikles “became upset” and began yelling at Pollins. Id. Pollins then stated that he’d “take the fall.” Id.

After this exchange, Officer Johnson returned to the Chrysler. Upon discovering that the glove compartment was locked, Officer Johnson removed the car keys from the ignition and unlocked the glove [531]*531compartment. Id. Inside the compartment was a .22 caliber handgun. Id.

When questioned by the government about what he did after finding the “pipe and the small yellow baggy with residue,” Officer Johnson stated,

From that point, I knew that I had a full obligation to search the entire vehicle, and I then began to do such. Starting with where I was still standing, my initial stop was to search the lunge, reach, and grab areas from where the occupants were. I knew from there I could search all lockable containers.

ECF No. 69 at 31 (emphasis added).11 On cross examination, Pollins attempted to clarify Officer Johnson’s statement, and asked whether Officer Johnson searched the glove box because he “feared for [his] safety or because [he was] looking for contraband.” Id at 69. Officer Johnson responded that he opened the glove box because he had “previously found CDS,” and, because he found the drugs, he “knew [he] could check all locked containers inside the vehicle.” Id

When Officer Johnson “ran a check” on the handgun from the glove compartment, he discovered that the handgun had been reported stolen. ECF No. 55 at 4. Pollins and Mikles were arrested and transported to the precinct. Id. At the precinct, Officer Johnson advised Pollins of his Miranda rights. ECF No. 55 at 4. Officer Johnson also gave Pollins a Miranda Rights Waiver Form, asking if Pollins could read. Id. Pollins confirmed that he could read, and Officer Johnson had Pollins read the form aloud. Id. Pollins initialed each of the five advisements on the form, and signed the waiver, indicating that he wished to waive his rights. ECF No; 55 at 5. :

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Cite This Page — Counsel Stack

Bluebook (online)
145 F. Supp. 3d 525, 2015 U.S. Dist. LEXIS 152536, 2015 WL 6940116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pollins-mdd-2015.