State v. Davis
State v. Davis
Opinion
**241
The sole issue in this appeal is whether, under
Navarette
v.
California
,
**242 Thereafter, the defendant entered a conditional plea of nolo contendere to the gun charges pursuant to General Statutes § 54-94a. See also footnote 4 of this opinion. The trial court accepted that plea and rendered a judgment of conviction. This appeal followed. 3 We agree with the defendant's claim that his detention violated his fourth amendment rights under Navarette . Accordingly, we conclude that the trial court improperly denied the motion to suppress and reverse the judgment of the trial court.
*1236 The record reveals the following facts that were found by the trial court or are undisputed, and procedural history. At approximately 7:26 p.m. on the evening of September 28, 2016, the New Haven Police Department received an anonymous 911 telephone call regarding "a young man that has a handgun." The caller reported that he could see "a whole bunch" of men between 472 and 476 Winthrop Avenue in New Haven, some of whom were gathered around a black Infiniti. The caller could not "say exactly how many" men there were because they were crossing back and forth across the street. The caller stated that he could see the handgun from his window but that he could not identify the specific person who was carrying it because all of the men were wearing dark clothing. When asked, the caller denied that the men were fighting or arguing. When the dispatcher inquired, the caller declined to give his name or telephone number.
The dispatcher relayed the anonymous tip to police officers on the beat. Within minutes, three police cruisers containing at least five uniformed police officers arrived at the scene. At least one of the cruisers was sounding its siren. As the police officers exited the **243 cruisers, a number of them unholstered their guns. The officers considered this location to be in a high crime area.
The officers observed approximately six men standing around a black Infiniti. As the police approached the men, they walked away. Officer Thomas Glynn ordered them to stop, and five of them did. Glynn and another officer, Matthew Collier, recognized two of the men from previous criminal interactions. The sixth individual, later identified as the defendant, continued to walk away from the police down Winthrop Avenue, despite additional orders to stop by Collier and Glynn. The defendant held his right hand at his waist in front of his body, extended his arm, and dropped an object into a garbage can. Shortly after dropping the object, the defendant turned toward Collier and Glynn and said something to the effect of "who, me?" At that point, the police arrested the defendant. A subsequent search of the garbage can produced a 9 millimeter handgun.
The defendant was charged with criminal possession of a pistol in violation of § 53a-217c and carrying a pistol without a permit in violation of § 29-35 (a).
4
Thereafter, he filed a motion to suppress the handgun, claiming that his detention violated the fourth amendment of the United States constitution and article first, §§ 7 and 9, of the Connecticut constitution, and that the search of the garbage can was tainted by his unconstitutional seizure. Specifically, the defendant contended that the anonymous telephone tip was not sufficiently reliable to give rise to a reasonable suspicion that he was engaged in criminal activity. After conducting an evidentiary hearing, the trial court determined that the
**244
police effectuated an investigative stop of the defendant when Glynn initially ordered the six men to stop.
5
The trial
*1237
court further concluded that, under the United States Supreme Court's decision in
Navarette
v.
California , supra,
Thereafter, the defendant filed a "motion to reconsider and/or articulate" in which he contended that the trial court's reliance on Navarette was misplaced because the state had not cited that case. The defendant further argued that, because Navarette was based on **245 specific concerns arising in the context of anonymous tips about drunk driving, it should be limited to that context. The defendant also requested that the trial court clarify whether it had rejected his claim under the state constitution. The trial court summarily denied this motion.
Thereafter, the defendant entered a conditional plea of nolo contendere to the gun charges pursuant to § 54-94a. The trial court accepted the plea and imposed an effective sentence of ten years imprisonment, execution suspended after five years, followed by five years of probation. This appeal followed. See footnote 3 of this opinion.
On appeal, the defendant contends that the trial court improperly determined that the anonymous 911 call was sufficiently reliable under the United States constitution to give rise to a reasonable suspicion that he was engaged in, or about to engage in, criminal activity, thereby warranting a Terry stop. Specifically, he again contends that
Navarette
v.
California , supra,
Assuming, without deciding, that Navarette is not limited to anonymous tips about drunk driving, we conclude that, although the anonymous tip in the present case was sufficiently reliable under the Navarette standard to give rise to a reasonable suspicion that a young man in the vicinity of 472-476 Winthrop Avenue had a **246 handgun, it was not sufficiently detailed to give rise to a reasonable suspicion that the defendant was in possession of that *1238 gun. 6 Accordingly, we conclude that the forcible detention of the defendant violated the fourth amendment to the United States constitution. 7
We begin our analysis with the standard of review. "Our standard of review of a trial court's findings and conclusions in connection with a motion to suppress is well defined. A finding of fact will not be disturbed unless it is clearly erroneous in view of the evidence and pleadings in the whole record .... [W]here the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision .... We undertake a more probing factual review when a constitutional question hangs in the balance." (Citation omitted; internal quotation marks omitted.)
State
v.
Burroughs
,
We next review the governing legal principles. "Under the fourth amendment to the United States constitution, and under article first, [§§ 7 and 9, of the] Connecticut constitution, a police officer may briefly detain an individual for investigative purposes if the officer has a reasonable and articulable suspicion that the individual has committed or is about to commit a crime." (Internal quotation marks omitted.)
State
v.
Clark
,
"Reasonable and articulable suspicion is an objective standard that focuses not on the actual state of mind of the police officer, but on whether a reasonable person, having the information available to and known by the police would have had that level of suspicion.... The police officer's decision ... must be based on more than a hunch or speculation.... In justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." (Internal quotation marks omitted.)
State
v.
Hammond
,
"An anonymous tip generally does not satisfy the requirement of reasonable suspicion ...."
State
v.
Mann
,
"Whether an anonymous tip suffices to give rise to reasonable suspicion depends on both the quantity of information it conveys as well as the quality, or degree of reliability, of that information, viewed under the totality of the circumstances."
United States
v.
Wheat
,
In
Navarette
v.
California
, supra,
"In
J. L.
, by contrast, [the court] determined that no reasonable suspicion arose from a barebones tip that a young black male in a plaid shirt standing at a bus stop was carrying a gun.... The tipster did not explain how he knew about the gun, nor did he suggest that he had any special familiarity with the young man's affairs.... As a result, police had no basis for believing that the tipster [had] knowledge of concealed criminal activity.... Furthermore, the tip included no predictions of future behavior that could be corroborated to assess the tipster's credibility.... [The court] accordingly concluded that the tip was insufficiently reliable to justify a stop and frisk." (Citations omitted; internal quotation marks omitted.)
Navarette
v.
California
, supra,
On the basis of its decisions in
Alabama
v.
White , supra,
In
Navarette
, the anonymous 911 call was recorded as follows: "Showing southbound Highway 1 at mile marker 88, Silver Ford 150 pickup. Plate of 8-David-94925. Ran the reporting party off the roadway and was last seen approximately five [minutes] ago." (Internal quotation marks omitted.) Id., at 395,
Similarly, the District of Columbia Court of Appeals has observed that, "[i]n order to pass muster under Terry and its progeny, the articulable suspicion must be particularized as to the individual stopped.... Accordingly, in the absence of other circumstances that provide sufficient particularity, a description applicable to large numbers of people will not suffice to justify
**254
the seizure of an individual." (Citations omitted; internal quotation marks omitted.)
In re S.B.
,
In the present case, the anonymous caller indicated only that the handgun was in possession of one of several young men wearing dark clothing in the vicinity of 472 to 476 Winthrop Avenue. It is clear, therefore, that the tip was not sufficiently detailed or specific to enable the police to know which of the six individuals subjected to the
Terry
stop had the handgun. Indeed, they had no way of knowing whether
any
of those individuals had that gun. The caller could not specify exactly how many individuals he had seen, and he indicated that some of the individuals were gathered around the Infiniti, while others were "crossing the street ... back and forth." Thus, for all the police knew, it was possible that the individual with the handgun was not part of the group gathered around
*1244
the Infiniti. Accordingly, we conclude that the tip was not sufficiently specific to give rise to the particularized, individualized suspicion required by the fourth amendment. The fact that the tip involved the possession of a firearm does not affect this conclusion. See
Florida
v.
J. L.
, supra,
In reaching these conclusions, we are mindful of the gun violence that plagues our state and our nation and the importance of ensuring that the police have the tools that they need to combat this pestilence. We emphasize that the police have not only the right, but the duty to respond appropriately and effectively to gun complaints. For example, as the defendant conceded at oral argument before this court, the police in the present case could have responded to the anonymous 911 call by going to the scene and observing the men or approaching them to ask about the handgun without effecting a
Terry
stop. See
United States
v.
Watson
,
The judgment is reversed and the case is remanded with direction to grant the defendant's motion to suppress.
In this opinion the other justices concurred.
We note that, although these statutes have been amended since the events underlying the present appeal; see, e.g., Public Acts 2016, No. 16-34, § 16; those amendments have no bearing on the merits of this appeal. For the sake of simplicity, we refer to the current revision of these statutes.
"The fourth amendment's protection against unreasonable searches and seizures is made applicable to the states through the due process clause of the fourteenth amendment to the United States constitution."
State
v.
Kelly
,
The defendant appealed to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.
The defendant was also charged with possession of less than one-half ounce of cannabis in violation of General Statutes § 21a-279a, breach of the peace in the second degree in violation of General Statutes § 53a-181, and interfering with an officer in violation of General Statutes § 53a-167a. The state subsequently nolled these charges.
The trial court rejected the state's argument that, if the initial stop of the six individuals was unconstitutional because the anonymous tip was not sufficiently reliable to give rise to a reasonable suspicion of criminal activity, the defendant's subsequent conduct in ignoring the police commands to stop, walking away from the police and dropping the handgun in the garbage can, nevertheless constituted criminal activity warranting a stop. Citing this court's decision in
State
v.
Hammond
,
In light of this conclusion, we need not address the defendant's contention that the anonymous tip did not give rise to a reasonable suspicion that criminal activity was afoot.
The defendant also contends that, even if the anonymous tip was sufficiently reliable under
Navarette
, article first, §§ 7 and 9, of the Connecticut constitution embodies a more protective standard. We recently stated in
State
v.
Kono
,
Justice Scalia authored a dissenting opinion in
Navarette
, in which Justices Ginsburg, Sotomayor, and Kagan joined, arguing that the fact that the anonymous tipster had specifically identified the subject's vehicle "in no way makes it plausible that the tipster saw the car run someone off the road" and that the tipster's claim to eyewitness knowledge "supports
not at all
[the] veracity" of the tip. (Emphasis in original.)
Navarette
v.
California
, supra,
Because the issue is not before us, we express no opinion as to whether a report that an individual is in possession of a handgun gives rise to a reasonable suspicion that criminal activity is afoot for purposes of Terry .
As we have explained previously, we assume, without deciding, that the Navarette standard applies outside the context of drunk driving and that the police need not independently corroborate the allegation that the suspect was engaged in illegal activity before initiating a stop if the other reliability factors are satisfied.
In
State
v.
Hammond , supra,
In
J. L.
, the court concluded that the danger posed by firearms did not outweigh the possibility that an anonymous tip might be false for purposes of determining whether police had a reasonable suspicion that criminal activity was afoot. See
Florida
v.
J. L.
, supra,
Reference
- Full Case Name
- STATE of Connecticut v. Quentine L. DAVIS
- Cited By
- 5 cases
- Status
- Published