Roy McGlenn, Sr. v. United States
Roy McGlenn, Sr. v. United States
Opinion
*1134 Appellant Royale McGlenn Sr. appeals from his convictions for firearms offenses, arguing that the trial court erroneously denied his motion to suppress evidence. We affirm.
I.
Viewed in the light most favorable to the trial court's ruling, the evidence at the suppression hearing was as follows. At approximately 10:45 pm on June 5, 2017, Metropolitan Police Department officers Sherwin Charles and Angela Galli responded to a report of an assault in progress. When Officer Charles arrived he saw Mr. McGlenn standing outside in front of the location provided in the report. Mr. McGlenn, who matched the description of the suspected assailant, was sweating, not well-oriented, and confused. Officer Charles smelled alcohol or PCP coming from Mr. McGlenn. Officer Charles directed Mr. McGlenn to stop, so that Officer Charles could investigate the reported assault. Mr. McGlenn did not comply, so Officer Charles grabbed Mr. McGlenn. Mr. McGlenn continued to resist, pulling out of his shirt. In Officer Charles's experience, intoxicated individuals tend to be aggressive and noncompliant. For that reason, and given Mr. McGlenn's resistance, Officer Charles handcuffed Mr. McGlenn, to safely detain him while officers investigated the assault. Mr. McGlenn resisted being handcuffed. Officer Charles also radioed for an ambulance to come and assess Mr. McGlenn's medical condition. It is standard practice to call an ambulance to evaluate individuals who are suspected of being high on PCP, because such individuals can suddenly become incredibly aggressive and very strong, and often hurt themselves.
When Officer Galli arrived, she saw Officer Charles restraining Mr. McGlenn. Officer Galli smelled PCP coming from Mr. McGlenn's person. Mr. McGlenn "appeared to be high on something" and was displaying disorientation and "broken thought process." Officer Galli interviewed Mr. McGlenn's mother, who had called the police. Mr. McGlenn's mother explained that Mr. McGlenn had come into her home and was yelling for his son, who was in bed. Mr. McGlenn's mother concluded that Mr. McGlenn had been smoking something, because he did not usually act the way he was acting. Mr. McGlenn's mother was so frightened that she ran to a neighbor's house and called the police. Mr. McGlenn's mother indicated, however, that no actual assault had occurred. Mr. McGlenn's mother told the police that she wanted Mr. McGlenn to be treated because he was under the influence of something.
Officer Galli informed Officer Charles of her conversation with Mr. McGlenn's mother. The officers decided not to arrest Mr. McGlenn for assault, but they also decided not to release him until an ambulance came to evaluate him, because he might be a threat to himself or others if he were released. The officers decided to leave Mr. McGlenn in handcuffs until the ambulance arrived, to prevent him from leaving or hurting himself or the officers. During the officers' encounter with Mr. *1135 McGlenn, Mr. McGlenn was angry, irate, and upset; was yelling; fumbled to remember information; slurred words; was at one point incoherent; seemed to be "out of it"; and frequently repeated himself. Once he was handcuffed, however, Mr. McGlenn did not act aggressively towards the officers or threaten them. Mr. McGlenn also was able to answer a number of the officers' questions. At one point, Mr. McGlenn stated that he did not remember having seen his mother that evening.
About ten minutes after the officers decided not to arrest Mr. McGlenn, and while they were waiting for the ambulance to arrive, Mr. McGlenn told the officers that he had a gun in his pants. Officer Charles then recovered a gun from Mr. McGlenn's pants. The officers arrested Mr. McGlenn for possessing the gun. Before he was transported from the scene, Mr. McGlenn was evaluated by medical personnel, who determined that he did not need to go to the hospital.
The trial court credited the officers' testimony, much of which was corroborated by body-worn camera footage that had been admitted into evidence at the suppression hearing. The trial court determined that even after the assault investigation was over, the officers could lawfully continue to detain Mr. McGlenn until an ambulance came, "for his safety and the safety of the community." Specifically, the trial court relied upon the facts that Mr. McGlenn (1) was sweating heavily and breathing hard; (2) appeared disoriented; (3) was non-compliant to the point of pulling out of his shirt; (4) was at one point incoherent; (5) was slurring his speech; (6) did not seem to understand what was going on, particularly at the beginning of the encounter; (7) had behaved in a frightening and aggressive way in his mother's home; (8) appeared to be high on PCP; (9) stated that he did not remember having seen his mother that evening; and (10) kept repeating himself.
II.
"When reviewing the denial of a motion to suppress, we defer to the trial court's findings of fact, but we determine questions of law
de novo.
"
Tuckson v. United States
,
Nearly fifty years ago, the Supreme Court noted that local police officers frequently engage in "community caretaking functions, totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute."
Cady v. Dombrowski
,
*1136
("[L]aw enforcement personnel are expected to engage in activities and interact with citizens in a number of ways beyond the investigation of criminal conduct. Such activities include a general safety and welfare role for police officers in helping citizens who may be in peril or who may otherwise be in need of some form of assistance.");
Williams v. State
,
It is widely recognized that police officers' community-caretaking responsibilities can extend to those who appear to be intoxicated on alcohol or other substances.
See, e.g.
,
Gallegos v. City of Colo. Springs
,
In the District of Columbia, the legislature has specifically addressed the powers and responsibilities of police officers when they see intoxicated persons. It is a criminal offense to be intoxicated so as to endanger the safety of oneself or another.
In
Cady
, the Supreme Court relied on police officers' community-caretaking responsibilities to hold that it was reasonable
*1137
for officers to conduct a warrantless search of the car of an intoxicated police officer, to locate and secure the officer's service revolver.
1) by specific and articulable facts that the government's conduct was totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute; 2) the government's conduct was reasonable considering the availability, feasibility, and effectiveness of alternatives to the officer's action; 3) the officer's action ended when the citizen or community was no longer in need of assistance; 4) the government's interests outweigh the citizen's interest in being free from minor government interference.
Mr. McGlenn argues, however, that the test we adopted in Hawkins is inapplicable, because the community-caretaking doctrine is limited to warrantless searches of vehicles and therefore does not apply to cases, such as the present case, in which a person was seized. We disagree.
Cady
involved the warrantless search of a car that had already been seized on other grounds, and the analysis in
Cady
as to whether the search at issue was lawful turned in part on the principle that there is a lesser expectation of privacy in cars.
This case does not involve the application of the community-caretaking doctrine to a warrantless search of a home. Searches of the home can raise distinctive issues under the Fourth Amendment.
See, e.g.
,
Collins v. Virginia
, --- U.S. ----,
We do not minimize the significance of a temporary seizure of the person. As the Supreme Court has noted, however, such seizures -- if appropriately limited -- are "far more minimal intrusion[s]" than an arrest.
Illinois v. Wardlow
,
For these reasons, we hold that the community-caretaking doctrine is applicable to temporary seizures of persons. Saying that the doctrine is applicable of course does not mean that the doctrine's requirements have been met in a given case. We therefore turn to the latter inquiry. As previously noted, in this jurisdiction a community-caretaking seizure of a person will be lawful only if the government shows
1) by specific and articulable facts that the government's conduct was totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute; 2) the government's conduct was reasonable considering the availability, feasibility, and effectiveness of alternatives to the officer's action; 3) the officer's action ended when the citizen or community was no longer in need of assistance; 4) the government's interests outweigh the citizen's interest in being free from minor government interference.
Hawkins
,
First, we agree with the trial court that the officers' decision to continue to detain Mr. McGlenn while waiting for an ambulance was reasonable considering the alternatives. Given the circumstances found by the trial court,
supra
at 1135, the officers reasonably feared that Mr. McGlenn might have been a danger to himself or others if the officers had simply walked away.
See also, e.g.
,
Coates v. United States
,
*1139
Mr. McGlenn argues that the officers had other less intrusive options, including asking Mr. McGlenn to leave the area and stay elsewhere or having a friend come pick Mr. McGlenn up. Each of those options seems problematic. The first would have left Mr. McGlenn free to wander around unsupervised and without having been medically evaluated. The second might have provided some supervision, but might not have been less intrusive depending on how long it would have taken for a suitable friend to arrive. In any event, the availability of a less-restrictive course of action does not necessarily render the chosen course of action unreasonable.
Hawkins
,
Second, Mr. McGlenn's detention under the community-caretaking doctrine was limited to the time during which such detention was reasonably necessary. The initial period of detention was to investigate the assault. Once the officers completed that investigation, they detained Mr. McGlenn for approximately ten minutes to wait for an ambulance to come. Supra at 1135. After Mr. McGlenn volunteered that he had a gun, the detention thereafter was in connection with his arrest for possessing the gun.
Third, we conclude that the government's interests in keeping the community safe from Mr. McGlenn -- and in keeping Mr. McGlenn himself safe -- outweighed Mr. McGlenn's interest in being free from the ten-minute period of detention at issue. In that regard, we note that a number of courts have upheld brief detentions in comparable circumstances under the community-caretaking doctrine.
See, e.g.
,
United States v. Gilmore
,
Finally, Mr. McGlenn argues that upholding the seizure in this case will mean that the police will be able to seize any person suspected of being intoxicated. We do not agree. Our holding in this case is tied to the circumstances of this case and comparable situations. Specifically, in this case the police had information that Mr. McGlenn had been acting in a frightening manner, causing his mother to run to a neighbor's house, call the police, and tell the police that Mr. McGlenn needed treatment; there was reason to believe that Mr. McGlenn was under the influence of PCP, a drug known to cause sudden bursts of aggressive and violent behavior; Mr. McGlenn physically resisted being detained during the initial investigation into the possible assault; Mr. McGlenn was angry, irate, and upset; and Mr. McGlenn *1140 showed signs of incoherence and disorientation. We express no view about cases presenting weaker grounds for a community-caretaking seizure.
For the foregoing reasons, the judgment of the Superior Court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.