Anthony Hooks v. United States
Anthony Hooks v. United States
Opinion
Anthony Hooks appeals from his convictions, following a jury trial, for felon in possession of a weapon and related offenses. 1 He argues that the trial court should have granted his motion to suppress the contraband found on his person because the police violated his rights under the Fourth Amendment when they seized and searched him. We agree and reverse.
I. Facts and Procedural History
On a Sunday afternoon in April 2017, Mr. Hooks attended a barbeque outside the home of his friend, Latisha Toney, on Congress Street Southeast. As the setting is relevant to the legal issues presented, we describe it in some detail. Ms. Toney's residence is the end unit of a set of townhouses. From the street, her neighbors' houses are to the left, and a grassy yard surrounded by a metal fence is to the right. Whereas all her neighbors' front doors face Congress Street, Ms. Toney's front door faces the enclosed yard. To reach Ms. Toney's home and the yard from the street, a visitor must climb six steps from the sidewalk and walk down a concrete path. The path is lined on either side by fencing that opens up on the left to give access to another set of steps up to Ms. *744 Toney's front door, and on the right to give access to the yard. 2
Having eaten some hot dogs and hamburgers, Mr. Hooks was sitting in a folding lawn chair on this concrete path. The other guests, a handful of adults and at least one child, were in the enclosed yard. Around 5:00 p.m., four police officers in the Narcotics Special Investigation Division drove past in an unmarked police car. According to the undisputed testimony of Ms. Toney, the police car stopped a few houses past her yard and then reversed back towards her home. Officer Dominique Tyson and three other members of his team, Officers Travis Collins, Brock Vigil, and Sean Hodges, all armed and in uniform, exited the vehicle. 3 With Officer Tyson in the lead, the four proceeded up the steps from the sidewalk onto the concrete pathway between Ms. Toney's house and the enclosed yard, and headed straight for Mr. Hooks in his lawn chair.
Officer Tyson instructed Mr. Hooks to "get up." 4 At the suppression hearing, Officer Tyson acknowledged he intended these two words as a command:
Q. [T]here was no question that he was going to get up?
A. Yes, he was going to have to move.
Q. He was going to have to move?
A. Yes.
Q. Okay. And, if he hadn't moved, you would have snatched him; right? You would have helped him move?
A. He would have got help, yes.
In response to Officer Tyson's instruction, Mr. Hooks immediately stood up. During this encounter, Officer Tyson observed a bag of marijuana sticking out of Mr. Hooks's coat pocket. 5 Based on Mr. Hooks's admission that he was carrying a little more than two ounces of marijuana, 6 the police handcuffed Mr. Hooks, and in a search incident to arrest recovered a handgun.
Prior to trial, Mr. Hooks moved to suppress all tangible items seized by the police as fruits of an illegal seizure and search. After a hearing, the trial court denied the motion. The court agreed that the government had proved that either (1) Mr. Hooks had not been seized when the police commanded him to stand up and he complied, or (2) pursuant to
*745
Terry v. Ohio
,
II. Standard of Review
The government introduces its discussion of our standard of review with a pair of statements: "[t]his Court's review of a trial court's denial of a motion to suppress is limited," and "[t]his Court's role in reviewing the denial of a suppression motion is to ensure that the motions judge had a substantial basis for concluding that no constitutional violation occurred."
7
We pause to clarify, lest these statements evince a misunderstanding that our analysis of constitutional questions under the Fourth Amendment is somehow constricted. It is not. Although we accept the trial court's findings of fact unless they are clearly erroneous and we review the facts and reasonable inferences therefrom in the light most favorable to the prevailing party, our review of the "trial court's legal conclusions [is] de novo,"
United States v. Lewis
,
III. Fourth Amendment Analysis
The Fourth Amendment protects individuals against all "unreasonable searches and seizures." U.S. CONST. amend. IV. "This inestimable right of personal security belongs as much to the citizen on the streets of our cities as to the homeowner closeted in his study to dispose of his secret affairs."
Terry
,
*746 A. Whether Mr. Hooks Was Seized Within the Meaning of the Fourth Amendment
The preliminary question before us is whether the "restraint or interference" by the police in this case amounts to a seizure implicating Fourth Amendment protections.
Terry
,
We conclude a reasonable person would not have felt such freedom after a team of four armed, uniformed officers drove past him and then reversed to get back to his location; all four officers emerged from the car; all four officers crossed the sidewalk and walked up the concrete walkway, bounded by fencing on either side, directly to where he was sitting in his lawn chair; and the lead officer, without any explanation, commanded him to "get up."
We are guided in this determination by
United States v. Mendenhall
,
*747
We are also guided by our precedent, which requires a "realistic" assessment of the totality of the circumstances.
Jackson
,
Based on our examination of the totality of the circumstances, we conclude that Mr. Hooks was, by virtue of a show of authority, seized by the police within the meaning of the Fourth Amendment. We are unpersuaded by the government's citation to cases where this court did not find a seizure; 15 these cases are distinguishable.
*748
This court's decision in
United States v. Barnes
,
B. Whether the Police Had Reasonable Articulable Suspicion to Justify Mr. Hooks's Seizure
Consistent with the Fourth Amendment, the police may, based on "probable cause to believe that an individual is committing or, in the case of a felony, has committed a crime," conduct an arrest; alternatively, based "[u]pon a lesser showing of a reasonable suspicion supported by specific and articulable facts that the individual is involved in criminal activity[,] ... [police] may conduct a correspondingly less intrusive seizure: a brief stop," commonly referred to as a Terry stop, "for investigatory purposes." Robinson , 76 A.3d at 335-36 (citations and internal quotation marks omitted). The government has never argued that the police had probable cause to arrest Mr. Hooks. At trial, as on appeal, its position was that the police had legitimate grounds to conduct a Terry stop.
Generally, when we assess whether the police conducted a valid Terry stop, our focus is on whether the quantum of information known to the police officer conducting the stop amounted to reasonable, articulable, particularized suspicion that the individual was engaged in criminal activity. See, e.g. , Robinson , 76 A.3d at 331, 337-40. Here we need not engage in this sufficiency-type analysis, however, because it is clear as a matter of law that Mr. Hooks did not commit the crime that the government asserts the police reasonably suspected him of committing.
The government argues that the officers could have reasonably believed that Mr. Hooks was violating the District's anti-"crowding, obstructing, or incommoding" statute,
(1) To crowd, obstruct, or incommode:
(A) The use of any street, avenue, alley, road, highway, or sidewalk;
(B) The entrance of any public or private building or enclosure;
(C) The use of or passage through any public building or public conveyance; or
(D) The passage through or within any park or reservation; and
(2) To continue or resume the crowding, obstructing, or incommoding after being instructed by a law enforcement officer to cease the crowding, obstructing, or incommoding.
§ 22-1307(a) (emphasis added). The statute thus plainly identifies two separate actus reus circumstance elements that must be satisfied before a person's conduct becomes criminal. First, a person must "crowd, obstruct, or incommode" one of several enumerated locations, § 22-1307(a)(1)(A-D). Second, the person must "continue or resume the crowding, obstructing, or incommoding after being instructed by a law enforcement officer to cease." § 22-1307(a)(2).
17
Because there is nothing in the record to indicate that, before the police seized Mr. Hooks, they either instructed him to cease "crowding, obstructing, or incommoding" a protected area under the statute, or that he disregarded such an instruction, there is simply no basis for any belief that Mr. Hooks was violating
In its brief to this court, the government argues that, even if they were mistaken, the officers reasonably could have believed that the walkway leading to Ms. Toney's front door and the enclosed yard "was covered by § 22-1307" and thus their seizure of Mr. Hooks could be upheld under the Supreme Court's decision in
Heien v. North Carolina
,
C. Whether Suppression Is Required
Because Mr. Hooks was seized without the requisite reasonable articulable suspicion, the trial court should have granted his suppression motion. It has long been the law that evidence collected in violation of the Fourth Amendment is considered "fruit of the poisonous tree" and generally may not be used by the government to prove a defendant's guilt.
Wong Sun v. United States
,
The government argues, however, that "for the same reason[ ]" we should find no Fourth Amendment violation at all under
Heien
, we should likewise conclude that application of the exclusionary rule is inappropriate in this case. We draw the opposite conclusion. For the same reason the police did not make a reasonable mistake of law, there is a strong case for deterrence through suppression of the contraband recovered from Mr. Hooks. The government looks to the Supreme Court's decision in
Herring v. United States
,
*751 As the government has not attempted to argue that the admission of the illegally seized contraband was harmless beyond a reasonable doubt, 20 and harmlessness is not "obvious," 21 we reverse and remand for such further proceedings as are consistent with this opinion.
So ordered .
Mr. Hooks was convicted of four crimes in all: felon in possession of a firearm,
The concrete path continues to the rear of the row of townhouses. There is no evidence in the record indicating that it reconnects with a public street.
Officer Tyson testified at the suppression hearing that his team was on its way from one "buy and bust" operation to another when they "[s]aw a large group of males hanging out. Well, a group of individuals hanging out. Appeared to be -- some were holding cups, which was consistent with drinking alcohol, so we were just going to make contact with them."
Officer Tyson later testified that he issued his command because he was concerned he would not be able to get past Mr. Hooks without bumping into him. He disavowed any interest in Mr. Hooks, but disagreed with defense counsel's proposition that Mr. Hooks was not doing anything wrong. Officer Tyson explained his understanding that "In D.C., you can't block a passage. Passage meaning any walkway that the public has immediate access to because you can't block a walkway because someone ha[s] to walk around you[.]"
The record is not entirely clear as to when Officer Tyson observed the drugs, but the United States has not argued in this court that he saw them before Mr. Hooks complied. We therefore assume for purposes of our decision that Officer Tyson did not see the bag until after Mr. Hooks stood up.
It is "lawful ... for any person 21 years of age or older to ... [p]ossess, use, purchase, or transport marijuana weighing 2 ounces or less."
The government cites
Hampleton v. United States
,
See, e.g.
,
Posey v. United States
,
Hampleton
,
We give deference to the trial judge's findings of fact and must accept his resolution of conflicting testimony. Moreover, the judge's factual findings will not be disturbed unless they are clearly erroneous, i.e., without substantial support in the record . Nevertheless, the ultimate determination as to whether a seizure occurred remains a question of law.
See also
California v. Hodari D.
,
Another formulation of the test asks whether a reasonable person would have felt "free to leave,"
Michigan v. Chesternut
,
We do not mean to suggest that the
Mendenhall
factors are an exhaustive list; an individual may be seized even if none of them are present.
E.g.
, (
Albert
)
Jones v. United States
,
(
Albert
)
Jones
is not at odds with
Ware v. United States
,
The fact that the officers were armed is "not a negligible factor bearing on whether a reasonable person in [Mr. Hooks's] position would feel free to leave," even though they never drew their weapons.
See
(
Albert
)
Jones
,
Brown v. United States
,
Pursuant to
Devenpeck v. Alford
,
In the section-by-section analysis of the 2012 legislation, the Judiciary Committee explained that certain revisions were being made to clarify some ambiguous language in the 2010 "Blocking Passage" statute, but that "[i]t is imperative, as well, to re-affirm that any of the described activity under this subsection [ (a)(1) ] is only made criminal after a law enforcement officer has ordered dispersal and the person (or persons) resumes or continues the same conduct ." D.C. Council, Report on Bill 19-645 at 42 (Nov. 29, 2012) (emphasis added).
Because we conclude that the record is devoid of any evidence to satisfy the second actus reus circumstance element, we do not address whether the police could have reasonably believed Mr. Hooks had committed the first actus reus circumstance element, i.e., crowding, incommoding, or obstructing the "entrance of any public or private building or enclosure," under § 22-1307(a)(1)(B), the specific subsection relied upon by the government. Thus we avoid addressing the question, which was not briefed, of whether § 22-1307(a)(1)(B) either was meant to apply within private property or could legitimately do so.
Even assuming that
Herring
applies to mistakes of law in addition to mistakes of fact, because
Heien
postdated
Herring
,
Herring
had no cause to address whether unreasonable mistakes of law which are not excused under
Heien
,
See
Chapman v. California
,
Randolph v. United States
,
Reference
- Full Case Name
- Anthony D. HOOKS, Appellant v. UNITED STATES, Appellee.
- Cited By
- 19 cases
- Status
- Published