United States v. Washington
United States v. Washington
Opinion of the Court
MEMORANDUM
This cause came on for hearing on defendant’s motion to suppress. From the testimony of the police officer who made the arrest, it appears that on the day in question he was on duty in the vicinity of Wiltberger and “T” Streets, which is a known rendezvous for narcotic users and pushers. He was on duty with his partner and both were dressed in old work clothes. He was then assigned to the Police Tactical Squad. Prior to this occasion, he knew the defendant as a narcotic user and pusher. He knew the defendant had a prior record for narcotic violations. He observed the defendant moving around in the area, going from group to group, during the course of which he had certain conversations with persons in the group. On one occasion he observed the defendant talking to one
The officer sought to approach the defendant to talk to him, but the defendant walked quickly in the opposite direction and observing the officer’s conduct, started to run. The officer and his partner ran after him. In a nearby crosswalk, defendant discarded a small brown envelope which the officer picked up. The other officer continued pursuit. Upon picking up the small brown envelope, the officer observed that it contained capsules and that some powder had spilled out of the envelope. These capsules and powder the officer recognized as looking like a narcotic substance. He yelled to his partner, “This is the stuff.” A short time thereafter the partner continued the chase and arrested the defendant.
The defendant took the stand in his own behalf to offer testimony on the circumstances of the arrest. He admitted prior narcotics convictions and said he had not worked five or six months prior to the arrest. He stated that he recognized the officer during the time he was talking to several men in the area in question. He stated that he was aware that the officer was watching him and that he sought to leave the area and ran when he saw the officer was coming in his direction. He admitted dropping the envelope in question prior to the time he was overtaken by the second officer.
Defense counsel takes the position that the officers placed defendant under arrest at a time when they had nothing but suspicion that he had violated the law. Counsel relies upon the Perry case.
Counsel for the defendant in the instant case also relies on the Kelley case.
The Court feels that both Kelley and Perry are distinguishable on their facts. Here, no words were spoken. The arrest had not been effected at the time defendant started to flee. The element of submission to arrest is clearly lacking.
Under these circumstances, since the officer’s testimony is found credible by the Court, the Court concludes that the arrest is valid and the motion to suppress will be denied.
. Perry v. United States, 118 U.S.App.D.C. 360, 336 F.2d 748 (1964).
. Kelley v. United States, 111 U.S.App.D.C. 396, 298 F.2d 310 (1961).
. See Coleman v. United States, 111 U.S. App.D.C. 210, 218, 295 F.2d 555 (1961).
. See Redmon v. United States, 355 F.2d 407 (9th Cir. 1966). See also Freeman v. United States, 116 U.S.App.D.C. 213, 214, 322 F.2d 426 (1963).
Reference
- Full Case Name
- United States v. Howard D. S. WASHINGTON
- Cited By
- 1 case
- Status
- Published