United States v. Shaquille Robinson

814 F.3d 201, 2016 U.S. App. LEXIS 3122, 2016 WL 714968
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 23, 2016
Docket14-4902
StatusPublished
Cited by4 cases

This text of 814 F.3d 201 (United States v. Shaquille Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Shaquille Robinson, 814 F.3d 201, 2016 U.S. App. LEXIS 3122, 2016 WL 714968 (4th Cir. 2016).

Opinions

Reversed and vacated by published opinion. Judge HARRIS wrote the opinion, in which Senior Judge DAVIS joined. Judge NIEMEYER wrote a dissenting opinion.

HARRIS, Circuit Judge:

On an afternoon in 2014, the Ranson, West Virginia police department received an anonymous tip that a black man had loaded a gun in a 7-Eleven parking lot and then concealed it in his pocket before leaving in a car. A few minutes later, the police stopped a car matching the description they had been given, citing a traffic violation. Shaquille Montel Robinson, a black man, was a passenger in the car. After Robinson exited the vehicle at police request, an officer frisked Robinson and discovered a firearm in the pocket of Robinson’s pants.

Under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the police may conduct a limited pat-down for weapons when there is reasonable suspicion that a suspect is both armed and dangerous. “Armed” is not a problem in this case: Assuming the credibility of the anonymous tip, which we may for purposes [204]*204of this appeal, the police had reason to believe that Robinson was armed when they stopped him. But “dangerous” is more difficult, and what makes it difficult is that West Virginia law authorizes citizens to arm themselves with concealed guns. Because the carrying of a concealed firearm is not itself illegal in West Virginia, and because the circumstances did not otherwise provide an objective basis for inferring danger, we must conclude that the officer who frisked Robinson lacked reasonable suspicion that Robinson was not only armed but also dangerous. Accordingly, we reverse the district court decision denying Robinson’s motion to suppress the evidence uncovered by this unlawful search.

I.

A.

At 3:55 p.m. on March 24, 2014, the Ranson police department forwarded an anonymous call to Officer Crystal Tharp. At a hearing conducted by the magistrate judge, Tharp testified that the caller “advised that he had witnessed a black male in a bluish greenish Toyota Camry load a firearm, conceal it in his pocket, and there was a white female driver.” J.A. 43. The caller indicated that the car had just left the location, which he identified as the parking lot of a 7-Eleven on North Mildred Street. Immediately adjacent to that 7-Eleven is the Apple Tree Gardens apartment complex, regarded by the officers in this case as the highest-crime area in Ran-son.

The caller advised that the Camry had headed south on North Mildred Street. Two officers, Captain Robbie Roberts and Officer Kendall Hudson, separately left the station to find the car. Officer Hudson spotted a car matching the description traveling on North Mildred Street, and noticed that the two occupants were not wearing seatbelts, a traffic violation under West Virginia law. Relying on the seat-belt violation, he pulled over the car, approximately two to three minutes after the anonymous call had been received and roughly three-quarters of a mile from the 7-Eleven.

Officer Hudson approached the driver’s side of the car with his weapon drawn and asked the female driver for her license and registration. She complied. At the hearing before the magistrate judge, Hudson testified that he also initially asked Robinson for his identification, but then realized that asking him to reach into his pocket was “probably not a good idea” because “[tjhis guy might have a gun.” J.A. 66. Instead, Hudson asked Robinson to step out of the car.

At this point, Captain Roberts had arrived at the scene as backup. Roberts testified that he approached Robinson and opened the passenger-side door. As Robinson was exiting the car, Roberts asked Robinson if he had any weapons. In response, Roberts testified, Robinson gave a “weird look.” J.A. 88. Roberts ordered Robinson to put his hands on top of the car and began to frisk him for weapons, discovering a firearm in Robinson’s pants pocket.

Captain Roberts whispered “gun” to Officer Hudson, and Hudson handcuffed Robinson and ordered him to sit on the sidewalk. According to the officers’ testimony, Robinson was cooperative throughout his encounter with the police, and made no furtive gestures or movements suggesting that he intended to reach for a weapon. After frisking him, however, Roberts recognized Robinson from prior criminal proceedings and confirmed that Robinson was a convicted felon.

[205]*205B.

A grand jury in the Northern District of West Virginia indicted Robinson on one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Robinson moved to suppress the' evidence against him — the gun recovered during the traffic stop of March 24 — on the ground that the frisk was unlawful. The district court referred the motion to a magistrate judge for a report and recommendation.

The magistrate judge conducted a hearing, taking testimony from all of the officers involved in the events of March 24: Officer Tharp, Officer Hudson, and Captain Roberts. A fourth officer, Trooper D.R. Walker, testified as to the high level of criminal activity at the Apple Tree Garden apartment complex next to the 7-Eleven at which Robinson had been seen loading his weapon. Following the hearing, the magistrate judge issued a report that recommended granting Robinson’s motion to suppress.

The magistrate judge agreed with the government that the initial stop of the car was justified by the observed seatbelt violation. But the frisk, the magistrate judge concluded, was not supported by a “reasonable belief that [Robinson] [was] armed and presently dangerous,” as required to justify a pat-down for weapons under Terry. J.A. 124(quoting Ybarra v. Illinois, 444 U.S. 85, 86, 100 S.Ct. 338, 62 L.Ed.2d 238 (1979)). The problem, the magistrate judge explained, was that in light of West Virginia law allowing for both open and concealed carrying of loaded guns, “the content of the tip provided to the police, while reporting the individual was armed, does not contain any information demonstrating that the individual was engaging in any objective or particularized dangerous behavior.” J.A. 136 (emphasis added) (internal quotation marks omitted).

The magistrate judge also considered the facts surrounding the officers’ encounter with Robinson, including the “high-crime” status of the apartment complex next to the 7-Eleven. Based on the officers’ testimony, the magistrate judge concluded that both the car’s driver and Robinson were cooperative throughout, and that Robinson had made no “furtive gestures, movements or inconsistent statements” suggesting nervousness or an intent to reach for a weapon. J.A. 131. Apart from what one officer perceived as a “weird look” — which the magistrate judge deemed a “subjective impression” insufficient to justify a frisk, J.A. 137 — the magistrate judge concluded that the government had failed to “articulate any specific fact, other than [Robinson’s] possession of a firearm in a high crime neighborhood, a legal activity in the state of West Virginia, which would justify the officer’s suspicion that [Robinson] was dangerous.” J.A. 138.

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Related

United States v. Shaquille Robinson
846 F.3d 694 (Fourth Circuit, 2017)
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191 F. Supp. 3d 565 (E.D. Virginia, 2016)
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167 F. Supp. 3d 753 (W.D. North Carolina, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
814 F.3d 201, 2016 U.S. App. LEXIS 3122, 2016 WL 714968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-shaquille-robinson-ca4-2016.