United States v. Williams

150 F. Supp. 3d 252, 2015 WL 9243349
CourtDistrict Court, E.D. New York
DecidedDecember 17, 2015
Docket15-CR-192 (FB)
StatusPublished

This text of 150 F. Supp. 3d 252 (United States v. Williams) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Williams, 150 F. Supp. 3d 252, 2015 WL 9243349 (E.D.N.Y. 2015).

Opinion

SUPPLEMENTAL MEMORANDUM

BLOCK, Senior-District Judge:

Walik Williams (“Williams”) is charged with knowingly and intentionally possessing a firearm in violation of 18 U.S.C. § 922(g)(1)., Williams moved the court to suppress the. loaded firearm found on his person because it was obtained pursuant to an illegal search. The Court held a hearing on the motion during which two police officers testified for the government, and Williams’s brother testified on his behalf. On November 5, 2015, the Court made findings of fact and based on those findings granted the defendant’s motion in a brief opinion.

The government has filed a notice of appeal. Because the Second Circuit might benefit from a more in-depth explanation of how the Court made its findings of fact, this supplemental memorandum explains more fully the . Court’s analysis of the testimony and evidence adduced at the suppression hearing. See, e.g., United States v. Adegbite, 713 F.Supp. 559, 560 (E.D.N.Y.1988) (Korman, J.) (issuing a supplemental opinion sua sponte to provide further explanation for an issue to be raised on appeal);.' see also Miranda v. Bennett, 322 F.3d 171, 175-76 (2d Cir. 2003) (describing the benefit to- the circuit court and the parties of having the district court’s complete analysis). This memorandum supplements the findings of fact and conclusions of law. made in. the previous order under Federal Rule of Criminal Procedure 12(d).1

I

The Fourth Amendment protects individuals “against unreasonable séarches and seizures.” U.S. Const, amend. IV. “A warrantless search is ‘per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.’ ” United States v. Aguiar, 737 F.3d 251, 259 (2d Cir.2013) (quoting Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)). For example, an officer may conduct a “patdown search” of an individual for the limited purpose of discovering “weapons which might be used to harm the officer or others nearby.” Minnesota v. Dickerson, 508 U.S. 366, 373, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993). However, to conduct such a search, the officer must have a reasonable suspicion “that criminal activity may be afoot and that the persons with whom he is dealing may, be armed and presently dangerous.” Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Reasonable suspicion must be based on “something more than an- ‘inchoate and unparticularized- suspicion or [254]*254“hunch.” ’ ” United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (quoting Terry, 392 U.S. at 27, 88 S.Ct. 1868).

Williams had the initial burden of demonstrating that the police search was conducted without a warrant. United States v. Arboleda, 633 F.2d 985, 989 (2d Cir.1980). It is undisputed, however, that the firearm was seized pursuant to a war-rantless search. Accordingly, the burden shifted to the government to demonstrate that the search did not violate the Fourth Amendment. Id.; see also United States v. Perea, 986 F.2d 633, 639 (2d Cir.1993) (“[T]he government has the burden of showing that the search was valid because it fell within one of the exceptions to the warrant requirement.” (citing Schneckloth v. Bustamonte, 412 U.S. 218, 222, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973))).

It was thus incumbent upon the government to prove by a preponderance of the evidence, that the officers who searched Williams had at least a reasonable suspicion that he was armed and dangerous. See, e.g., United States v. Bristol, 819 F.Supp.2d 135, 142 (E.D.N.Y.2011). During the suppression hearing, two police officers testified that they saw Williams and another individual walking down Lexington Avenue in Brooklyn, and that Williams used one hand to pull up the side of his sweatshirt such that the officers could see a firearm tucked into the waist of his pants. The officers both testified that after observing the gun, they stopped their car, and quickly apprehended Williams and the other individual. To be sure; if the officers did in fact observe a firearm in Williams’s waistband, they would have had the requisite -suspicion to conduct the search at issue in compliance with the Fourth Amendment. Hasheem Slaughter (“Slaughter”), Williams’s brother, was walking with Williams that evening, and testified'that-Williams did not raise his sweatshirt, and that the officers stopped find searched.them without observing any suspicious activity. Because the government had the burden of proof, if the Court had found the differing stories equally plausible, the law would have compelled the suppression of the firearm. See United States v. Gigante, 94 F.3d 53, 55 (2d Cir.1996) (“The preponderance standard is no more than a tie-breaker dictating that when the evidence on an issue is evenly balanced, the party with the burden of proof loses.”). That being said, as is elaborated below, the Court 'found that the officers’ account of events was less plausible than the one relayed by Slaughter.

II

A. .The Officers’ Testimony

Two police officers testified on behalf of the -government, Robert O’Brien (“O’Brien”) and Kevin Costello (“Costello”).

They testified that around 12:45 a.m. on October 23, 2014,2 they were in plainclothes in an unmarked Chevy Impala patrolling the area around Lexington Avenue and Marcy Avenue in Brooklyn. Tr. 10--12, 57.3 Costello was driving and O’Brien was in the passenger seat. Tr.-15-16, 59. O’Brien testified that many residents in the area recognize unmarked Chevy Impalas as police vehicles. ■ Tr. 30. As they drove slowly down Lexington Avenue, they [255]*255observed two individuals walking side-by-side on the sidewalk toward the direction of the vehicle. Tr. 15-16, 60-61. The individual farther from the vehicle was Williams. Tr. 32, 70. O’Brien testified that Williams “lifted up. his shirt with his right hand,” and that he could see “the black grip of a firearm in the defendant’s waistband.” Tr. 16. ■ Costello similarly testified that he saw Williams “holding up an article of clothing and [he] could see a firearm exposed in his waistband.” Tr. 61.

O’Brien testified that he then believed that Williams saw their vehicle and “threw his shirt down” and “pushed the firearm over to the right.” Tr. 18. O’Brien continued that Williams “adjusted the firearm, and then he took his jacket and threw- his jacket forward and tried to walk off quick.” Tr. 18.

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Related

Katz v. United States
389 U.S. 347 (Supreme Court, 1967)
Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Schneckloth v. Bustamonte
412 U.S. 218 (Supreme Court, 1973)
United States v. Sokolow
490 U.S. 1 (Supreme Court, 1989)
Minnesota v. Dickerson
508 U.S. 366 (Supreme Court, 1993)
United States v. Oscar Arboleda
633 F.2d 985 (Second Circuit, 1980)
United States v. Ruben Perea
986 F.2d 633 (Second Circuit, 1993)
United States v. Gigante
94 F.3d 53 (Second Circuit, 1996)
Miguel Miranda v. Floyd Bennett
322 F.3d 171 (Second Circuit, 2003)
United States v. Aguiar
737 F.3d 251 (Second Circuit, 2013)
United States v. Bristol
819 F. Supp. 2d 135 (E.D. New York, 2011)
United States v. Adegbite
713 F. Supp. 559 (E.D. New York, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
150 F. Supp. 3d 252, 2015 WL 9243349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-nyed-2015.