State v. Davis
Can I rely on this case?
Yes — no negative treatment found
Analysis generated from citing opinions in this archive. Not legal advice.
State v. Davis
Opinion of the Court
Minneapolis Police officers following a car for turning without signaling believed that one of its passengers-appellant Corey Davis Jr.-had gotten out. An officer, who found it suspicious that Davis looked toward him and then looked away before turning to walk away, exited his squad car, approached Davis, grabbed him by the arm, handcuffed him, and began questioning him. After Davis commented about possessing drugs and being impaired from a previous gunshot injury, officers searched the area and discovered a handgun that they surmised Davis had tossed away. Davis was charged with and convicted of unlawful possession of a firearm. Because the officer had no reasonable suspicion to stop and detain Davis, and because the officers exploited the stop and Davis's incriminating comments to decide to search the area, the district court should have applied the fruit-of-the-poisonous-tree doctrine and suppressed evidence of the handgun. We therefore reverse Davis's conviction and remand.
*53FACTS
Police officers Brandon Bartholomew and Brandy Steberg were patrolling in north Minneapolis on a May 2015 morning when they saw a Chevy Tahoe about two blocks ahead of them turn without signaling. The officers momentarily lost sight of the Tahoe, and when they saw it again, it was pulling away from a curb. They saw a man, whom they later identified as Corey Davis Jr., standing in a yard. Officer Bartholomew deduced that Davis had been a passenger in the Tahoe. He saw Davis "look[ ] away from" the officers "very quickly, and also start[ ] walking very quickly away."
Officer Bartholomew exited the squad car, and Officer Steberg continued to follow the Tahoe. Officer Bartholomew told Davis to stop. He then grabbed Davis by the arm, handcuffed him, and ordered him to sit on the curb as he questioned him. Davis said that a previous gunshot injury made it hard for him to bend his leg. He also said "that he had marijuana on him and that he had eaten it." And he suggested that he was the subject of arrest warrants.
Officer Steberg eventually returned, and the two officers searched the area where they had first seen Davis standing. Officer Steberg found a .38 caliber handgun in a bush. Davis's fingerprints were on the gun, and the state charged him with possessing a firearm as an ineligible person.
Davis challenged the constitutionality of the stop and moved the district court to suppress the evidence. The district court held that Officer Bartholomew lacked reasonable suspicion that Davis had committed any crime, and it therefore suppressed Davis's statements made during his illegal detention. But it denied Davis's motion to suppress evidence of the handgun, finding that the officers' decision to search the area rested on reasons other than Davis's statements.
A jury found Davis guilty. This appeal follows.
ISSUES
I. Did the district court clearly err by finding that the officer did not base his decision to search the area on information he obtained while he unconstitutionally detained Davis?
II. Should evidence of the handgun have been suppressed as fruit of the unconstitutional stop and detention?
III. Does evidence of the handgun avoid exclusion under the fruit-of-the-poisonous-tree doctrine because Davis allegedly abandoned the handgun before the unconstitutional stop?
ANALYSIS
Davis appeals from his conviction by challenging the district court's pretrial denial of his motion to suppress evidence of the handgun. We review the district court's pretrial fact-findings for clear error. State v. Ortega ,
The state does not contest the district court's holding that Officer Bartholomew's stop violated Davis's constitutional rights. The state's concession is well founded. The United States and Minnesota Constitutions prohibit unreasonable searches and seizures. U.S. Const. amend. IV ; Minn. Const. art. I, § 10. A police officer may stop and detain a person as part of a criminal investigation without a warrant only if the officer can identify specific and articulable facts that create a reasonable suspicion of illegal activity.
*54Terry v. Ohio ,
Based on the unconstitutional stop, Davis challenges the district court's decision to allow evidence of the handgun during his trial. Evidence that "would not have come to light" but for police exploitation of their illegal actions is generally deemed "fruit of the poisonous tree" and excluded from the state's use at trial. Wong Sun v. United States ,
I
Before we can decide whether, on the facts of this case, the district court properly concluded that the handgun is not fruit of the poisonous tree, we must consider whether the evidence supports the facts relied on by the district court. Davis challenges the validity of the district court's findings that "Officers Bartholomew and Steberg learned no new information as a result of seizing the defendant that caused them to search the area" and that "[i]nstead, the decision to search the area was made based on the defendant's evasive conduct prior to being stopped." Applying our clear-error review standard to these findings, Ortega ,
Prosecutor: Did he say anything to you other than saying that he couldn't sit down?
Officer Bartholomew: He did make an utterance to the effect that he had marijuana on him and that he had eaten it prior to being stopped, and he also stated that he thought he had some warrants.
Prosecutor: So, what did you do at this point?
Officer Bartholomew: Well, at that point I was suspicious that something may have been tossed, hidden somewhere in the area.
Officer Bartholomew was asked particularly about that "point" in the encounter after he had stopped Davis and after he heard Davis's responses disclosing his prior gunshot injury, his drug possession, and his pending arrest warrants. The officer's statement, "at that point I was suspicious *55that something may have been tossed," followed just after he recounted that Davis told him that he tried to hide drugs moments before the seizure. This context undermines the district court's finding that the officers "learned no new information" from the illegal seizure that caused them to search the area near Davis. The state directs us to no evidence, and we have found none in the record, that supports the district court's other finding that "the decision to search the area was made based on the defendant's evasive conduct prior to being stopped."
The state accurately points out that Officer Bartholomew did testify about Davis's seemingly evasive eye-contact and his beginning to walk away. But he offered this testimony to justify approaching and stopping Davis. The officer never suggested that he decided to search the area based on this pre-seizure conduct or that Davis's incriminating statements had no influence on his decision to search the area. Despite our deference to the district court's fact-finding role, we see no evidence supporting the challenged findings, and we see only evidence that contradicts the findings. We hold that the district court clearly erred by finding that the officers made the decision to search the area before Officer Bartholomew stopped Davis and that the officers learned nothing after the stop to cause them to conduct the search. The record supports only one finding, which is that Officer Bartholomew decided to search the area based in part, if not entirely, on what he learned as a consequence of his illegal stop.
II
We next consider de novo whether evidence of the handgun was fruit of the poisonous tree given that Officer Bartholomew chose to search based on Davis's statements during the stop. Several factors guide our poisonous-tree assessment, "including the temporal proximity of the illegality and the evidence alleged to be the fruit of that illegality, the presence of intervening circumstances, the purpose and flagrancy of the misconduct, and whether it is likely that the evidence would have been obtained in the absence of the illegality." State v. Sickels ,
The first factor, the temporal proximity between the illegal detention and the gun's discovery, is not precisely stated in the record. But the evidence indicates a nearly immediate proximity between the officer's information gathering during the illegal detention and his suspicion that led to the search. Regarding the second factor, no circumstance intervened between the detention itself and the search, except for the officer's questioning and Davis's incriminating comments, which the district court appropriately suppressed.
As for the third factor-the flagrancy of the police misconduct-we conclude that the police behavior was blatantly offensive. A passenger leaves a car whose driver failed to signal a turn, and the passenger is then grabbed by the arm, handcuffed, and ordered to the curb for police questioning in a residential neighborhood in broad daylight? All because, according to the officer, it appeared as though the person wanted to avoid interacting with police? This humiliating behavior is so obviously inconsistent with what the Fourth Amendment demands that we have no difficulty declaring it to be a flagrant affront to constitutional policing.
The final factor, whether police would have discovered the evidence without the illegal stop, also argues in favor of treating the handgun as fruit of the poisonous tree.
*56Police found the gun in a bush and not in plain view, so the search was necessary to its discovery. We have no reason to assume that police customarily search the area whenever passengers leave cars being driven by turn-signal violators-even passengers who seem to want to avoid police contact. We have already determined that the officer's testimony establishes that he based his decision to search on what he heard from Davis during the illegal detention, and so we must conclude that police would not have found the gun without the stop.
We recognize that Davis's statements during the illegal detention did not send police directly to the gun but only motivated their search. The result is nevertheless the same because exclusion under the fruit-of-the-poisonous-tree doctrine "extends as well to the indirect as the direct products of unconstitutional conduct." Segura v. United States ,
Based on all these factors, we hold that evidence of the handgun should have been excluded as fruit of the poisonous tree. The exclusionary rule's "purpose is to deter-to compel respect for the constitutional guaranty in the only effectively available way-by removing the incentive to disregard it." Elkins v. United States ,
We recognize that the state supreme court has held that, when an automobile driver appears to be maneuvering his car intentionally to evade a police officer, the attempt to evade by itself may justify stopping the car. State v. Johnson ,
III
The state argues alternatively that the handgun should not be suppressed because Davis abandoned it before the stop and because property so abandoned cannot be suppressed as fruit of the poisonous tree. Although the district court did not expressly find that Davis abandoned the gun before the stop, Davis does not contest the state's characterization and the finding can be readily inferred from the circumstances and the district court's analysis.
The state's argument implies a misunderstanding of law. Abandonment is not a per se exception to fruit-of-the-poisonous-tree exclusion. It is true that when *58a "defendant cannot reasonably have any continued expectancy of privacy in ... discarded property, the property will be deemed abandoned for purposes of search and seizure." City of St. Paul v. Vaughn ,
The supreme court's abandonment holding cannot mean that abandoned property is never subject to exclusion as fruit of the poisonous tree. We know this because the supreme court has also held that, when a defendant has "abandoned [contraband] after he was unlawfully directed to stop, the abandonment was the suppressible fruit of the illegality." Matter of Welfare of E.D.J. ,
The factual setting of E.D.J. illuminates why its statement about the timing of the abandonment does not matter here. Patrol officers ordered E.D.J. to stop, after which E.D.J. dropped a baggie of cocaine as he walked away.
Untethering the abandonment doctrine from the circumstance to which courts *59have applied it leads to absurdities. If we follow the state's temporal argument to its logical end, for example, police who speculate that a murder suspect may have abandoned a murder weapon that bears his DNA could simply bludgeon the general location of the abandoned weapon out of the suspect. Then they could search the area for the weapon without fearing that the exclusionary rule would bar the state from introducing it as evidence. We can imagine myriad hypothetical circumstances like this to illustrate the error in the state's reasoning. And contrary to the state's reasoning, courts indeed have applied the fruit-of-the-poisonous-tree doctrine when considering whether to exclude evidence even when the defendant discarded the evidence before police engaged in the unconstitutional activity that led them to search for it. Most famously, the Supreme Court applied the doctrine when considering whether to exclude evidence of a murdered child's body that the defendant left in a rural ditch long before police engaged in the unconstitutional interrogation that led them to the area where they found the body. Nix v. Williams ,
Properly applied, E.D.J. supports our holding today. It is true that, unlike in E.D.J. where the illegal stop itself caused the defendant to abandon the later-challenged evidence, in this case the illegal stop did not cause Davis to abandon the gun; under the state's theory he had already secretly abandoned it before the stop. But the illegal stop included questioning and the incriminating statements that inspired police to search the area and find the abandoned gun. This causal connection between the illegal stop and the recovered contraband is analogous to the connection in E.D.J. , where the illegal stop led police to recover the abandoned drugs. Whether Davis abandoned the handgun before or after the unconstitutional seizure is therefore not relevant to our question of whether the unconstitutional seizure led police to search for and find the handgun. Evidence is subject to the exclusionary rule if police obtained it by unconstitutionally exploitative activity rather than "by means sufficiently distinguishable to be purged of the primary taint" of the unconstitutional activity. Wong Sun ,
The only question that remains is whether to reverse Davis's conviction based on the constitutional error of admitting the handgun into evidence. We will hold that a constitutional error requires reversal for a new trial unless we determine beyond a reasonable doubt that the error was harmless. State v. Caulfield ,
We appreciate that the people, through their legislature, have entrusted police with the difficult duty to find and remove guns from felons prohibited from possessing them. We also recognize that hunch-based policing might sporadically and infrequently uncover contraband. In fact, we assume that an officer who stops enough people based only on conjecture will occasionally *60find someone who, like Davis, apparently possesses evidence of a crime. But police officers are also entrusted with the higher duty to honor the constitutional rights of those they encounter. And as the district court correctly determined, the officer's decision to stop Davis did not rest on any power afforded to the officer by the Constitution. It is the court's duty to suppress evidence unconstitutionally obtained.
DECISION
The district court clearly erred by finding that the officer did not base his decision to search the area on information he drew from Davis during his unconstitutional stop and detention. We hold that the district court should have excluded evidence of the handgun as fruit of the unconstitutional stop even if Davis abandoned the handgun before the stop. We remand for further proceedings.
Reversed and remanded.
See United States v. Scott ,
Reference
- Full Case Name
- STATE of Minnesota v. Corey DAVIS, Jr.
- Cited By
- 2 cases
- Status
- Published