United States v. Torres
United States v. Torres
Opinion of the Court
Before the Court is Defendant Michael E. Torres ("Defendant")'s motion to suppress evidence pursuant to the Fourth Amendment to the United States Constitution. (Doc. No. 22.) For the reasons explained herein, the Court will deny the motion.
I. BACKGROUND
A. Factual Background
On October 31, 2017, minutes before the scheduled 6:00 p.m. start of trick-or-treating for the children of York, Pennsylvania on Halloween evening, Officer Steven Pickel ("Officer Pickel"), a patrol officer employed by the York City Police Department, was on routine patrol in the west end neighborhood of York. (Doc. No. 44 at 4:1-25, 5:1-3.) The west end is a high-crime area and, in Officer Pickel's assessment, experiences "a lot of drug incidents, shooting incidents, homicides, aggravated assaults, burglaries, [and] robberies." (Id. at 5:24-25, 6:1-2.) As a patrol officer, Officer Pickel regularly "receive[s] reports of shots fired in the west end area" (id. at 6:7-8), and during the months of October and November, he receives "reports of shots fired ... multiple days per week" (id. at 6:19-22). While a nearby neighborhood known as the college area also experiences a high level of crime, that criminal activity consists largely of "burglaries, vehicle thefts, [and other] things of that nature." (Id. at 5:20-23.)
A few minutes before 6:00 p.m., just as the sun was going down, in a neighborhood of York that "bridges the gap between the college area and the west end" (id. at 7:10-13), Officer Pickel traveled west on King's Mill Road and "turned north onto South Penn Street" (id. at 7:20-21). As he turned the corner to proceed north onto South Penn Street, he encountered "a male in a black car" who "threw ... both his arms out the window" to flag down Officer Pickel, and did so in an excited manner.
He told me - so he pointed and told me that - there was a male that was walking on the bridge, which was the east side of the bridge. He was the only pedestrian on the bridge. And he told me that that male, who was wearing a black jacket with his hood up, blue jeans, and black sneakers, pulled a gun out of his, out of like - like, off his person and fired it twice into the old factory building which is across the street on the west side.
(Id. at 8:19-25, 9:1.) Officer Pickel further testified that he confirmed with the eyewitness that he was referring to the individual walking on the bridge, and that the eyewitness was "adamant" that this individual had "fired two rounds" into the building. (Id. at 42:11-17.) Officer Pickel subsequently identified the man to whom the eyewitness was referring as Defendant. (Id. at 9:17-18.)
Officer Pickel then "radioed to county control" for assistance, knowing that at that time of the day, there were not "as many people out in the street that would be able to help right away, so [he] got on the radio to get more units to get [police officers] out of the station to come assist." (Id. at 9:21, 10:2-5.) At this point, Officer Pickel began to follow Defendant - who was walking - from his patrol vehicle. (Id. at 10:6-7.) Officer Pickel testified that before he began to follow Defendant, he did not ascertain the eyewitness's name or the license plate number of the vehicle the eyewitness was driving. (Id. at 10:9-15.)
While being followed by Officer Pickel, Defendant continued walking at a casual pace and proceeded "north on the east side of South Penn Street." (Id. at 15:23-25.) Officer Pickel continued to follow Defendant in his patrol vehicle while he informed other police units of his and Defendant's respective locations and waited until more units were "in the area to attempt to stop [Defendant] and see what was going on." (Id. at 15:1-4.) Officer Pickel waited for assistance from additional units due to the report that Defendant "fired a firearm into a building" and that, in light of such information, it was possible that "there would have been somebody near the building" at risk of being shot. (Id. at 15:8-13.) Officer Pickel also stated that based on such possibilities, "it was for the sake of officer safety and the safety of others around in the area" to ensure that "enough units [were] available to basically surround the subject and make sure that everything ... was contained." (Id. at 15:19-23.) As he followed Defendant, Officer Pickel noted that Defendant had seen him.
As Officer Pickel approached South Penn Street from Princess Street and arrived at the edge of the intersection, he "activated [his] emergency lights, which automatically activates the in-car camera." (Id. at 18:10-12.) Officer Pickel then decided to stop Defendant after "hear[ing] officers tell [him] that they were coming around the corner ... onto Penn Street"; observing "two units coming around the corner"; and knowing that another officer "was coming down Princess Street and was about one block off." (Id. at 18:23-25, 19:1-2.) At this point, Officer Pickel could see that Defendant "was approaching the edge of the intersection" and because there were "three units in the back and one in the front" and "believ[ing] there might have been a second one coming from Princess Street, as well, [he] believed ... [there were] enough units in the area to handle the situation." (Id. at 19:3-8.)
*460Upon exiting his vehicle, Officer Pickel drew his service weapon and ordered Defendant to the ground (id. at 19:17-22), testifying that he drew his service weapon and instructed Defendant to get on the ground "[b]ecause at that point [he] knew, or at least [he] thought [he] knew, based on the information given to [him], that [Defendant] had a firearm and that he discharged it" (id. at 19:25, 20:1-2). Not knowing "what [Defendant's] plan was to do upon police arriving on scene[,]" Officer Pickel "thought that the best course of action for officer safety and those around [him] was to draw [his] firearm and match the potential force that [he] would face." (Id. at 20:5-9.)
Two additional police officers - Officer Hatterer and Officer Hooper - assisted Officer Pickel in his encounter with Defendant at the intersection. (Id. at 21:20-25, 22:1-6.) Officer Pickel testified that Officer Hatterer appeared to approach Defendant and "put his knee down onto [Defendant's] back" (id. at 21:24-25) before placing Defendant in handcuffs (id. at 22:1-2). A firearm was then recovered from Defendant's person. (Id. at 22:7-9.) Officer Pickel stated that he was unsure which officer recovered the firearm from Defendant, but he knew that after a verbal exchange between Defendant and the police, Defendant "was placed in handcuffs and a firearm was recovered from his person." (Id. at 22:12-16.) The firearm was loaded, with one round in the chamber and seven located in the magazine. (Id. at 22:17-21.) After the firearm was recovered, it "was cleared and made safe by Officer Hooper, who ... then gave [it] to [Officer Pickel] in a manila envelope." (Id. at 22:17-25.) Defendant was then placed in the back of Officer Pickel's patrol vehicle. (Id. at 22:25, 23:1.) Further, after providing Defendant with Miranda warnings, Officer Pickel asked Defendant whether "he had a license to carry a firearm," and Defendant replied that he did not. (Id. at 23:5-6.) Defendant also informed Officer Pickel that he possessed the firearm for protection. (Id. at 23:6-7.) Officer Pickel's review of county records subsequently revealed that the firearm had been reported stolen. (Id. at 23:9-18.)
B. Procedural Background
On July 19, 2018, a federal grand jury returned a single-count indictment charging Defendant with possession of a firearm by a previously-convicted felon in violation of
II. LEGAL STANDARD
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. See U.S. CONST. amend. IV (articulating "[t]he right of the people to be secure ... against unreasonable searches and seizures"). "A 'seizure' occurs when, 'taking into account all of the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore *461the police presence and go about his business.' " United States v. Wrensford,
"Under the exception to the warrant requirement established in Terry, however, 'an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot.' " United States v. Torres,
In determining whether a law enforcement officer has acted with reasonable suspicion, "due weight must be given, not to his inchoate or unparticularized suspicion or 'hunch,' but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience." See Terry v. Ohio,
Pursuant to Terry v. Ohio and its progeny, law enforcement officers may "briefly detain an individual based upon 'articulable suspicion' and then [ ] perform a limited protective 'patdown' for weapons during that detention 'where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be *462afoot.' " See United States v. Navedo,
The United States Court of Appeals for the Third Circuit has recognized, however, that "the vast majority of courts have held that police actions in blocking a suspect's vehicle and approaching with weapons ready, and even drawn, does not constitute an arrest per se." See id. at 448 (quoting United States v. Edwards,
"[P]robable cause is a fluid concept - turning on the assessment of probabilities in particular factual contexts - not readily, or even usefully, reduced to a neat set of legal rules." Illinois v. Gates,
whether, at the moment the arrest was made, the officers had probable cause to make it - whether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the [defendant] had committed or was committing an offense.
United States v. Burton,
In the context of tips provided to law enforcement, courts examine specific considerations in determining whether such tips may give rise to reasonable suspicion or probable cause. In Alabama v. White, the Supreme Court examined the sufficiency of an anonymous tip with respect to both reasonable suspicion and probable cause and, in doing so, "stressed two factors: (1) an officer's ability to corroborate significant aspects of the tip, and *463(2) the tip's ability to predict future events." See United States v. Roberson,
(1) The tip information was relayed from the informant to the officer in a face-to-face interaction such that the officer had an opportunity to appraise the witness's credibility through observation[;]
(2) The person providing the tip can be held responsible if her allegations turn out to be fabricated[;]
(3) The content of the tip is not information that would be available to any observer[;]
(4) The person providing the information has recently witnessed the alleged criminal activity [and]
(5) The tip predicts what will follow, as this provides police the means to test the informant's knowledge or credibility[.]
United States v. Torres,
III. DISCUSSION
Defendant argues that any evidence obtained from his encounter with police should be suppressed because he was subjected to a warrantless arrest unsupported by probable cause. (Doc. No. 23 at 2.) Accordingly, the Court first addresses the issue of whether the encounter between Defendant and law enforcement constituted an investigatory stop, or rather, a de facto arrest, before turning to the question of whether the encounter violated the Fourth Amendment.
A. Arguments of the Parties
1. Defendant's Arguments in Favor of Suppression
Defendant argues that suppression of physical evidence is warranted because he was "seized and arrested without probable cause based upon a tip from an informant who then vanished." (Doc. No. 23 at 4.) According to Defendant, "Officer Pickel was speaking to the unknown tipster within one to two minutes of shots being allegedly fired directly in front of the unknown tipster[,]" although Officer Pickel did not hear any shots being fired, smell any gunpowder, or "conduct any investigation prior to putting [Defendant] on the ground and arresting him." (Doc. No. 47 at 3.) Defendant also argues that "minimal investigation would have shown that there was no evidence that any gun had been fired other than the 'tip' " ( id. at 5,
Further, Defendant contends that "[t]he Supreme Court has explained that an arrest *464occurs when officers either apply physical force or when a person submits to the assertion of authority" and that "[b]oth of these criteria were met when [the officers involved] ordered [Defendant] to the ground and he complied." (
2. The Government's Arguments Against Suppression
The Government argues that suppression of evidence is improper because: (1) "[t]he initial seizure of [Defendant] was an investigatory stop and not an arrest"; and (2) "[r]easonable suspicion supported the investigatory stop." (Doc. No. 46 at 12, 16.) In support of the former argument, the Government states that "[a]lthough [Defendant] was certainly under arrest at the point when he was placed in the back of Officer Pickel's vehicle (which was after the firearm was recovered from his person), his initial encounter with police ... was an investigatory stop." ( Id. at 13,
As to its second argument in opposition to Defendant's motion - that the investigatory stop of Defendant was supported by reasonable suspicion - the Government contends that the tip provided by the eyewitness was sufficiently reliable so as to establish reasonable suspicion, stating that "[t]he eyewitness, in a face-to-face interaction with police, provided particularized information about [Defendant]" and, therefore, was not anonymous. (
B. Whether the Encounter Constituted an Investigatory Stop or an Arrest
Upon consideration of the evidence presented at the suppression hearing, the Court concludes that the officers involved performed a valid Terry stop of Defendant and, therefore, Defendant did not undergo a de facto arrest for purposes of the Fourth Amendment. As demonstrated by the video footage of Defendant's encounter with the police, Defendant was ordered to show his hands and get on the ground, and did so immediately, and was then physically restrained by police and handcuffed before the firearm was recovered, after which point he was placed in the police vehicle. This conduct does not turn the encounter into an arrest, for "[c]ourts have held that blocking a suspect's path, approaching a suspect with weapons drawn, tackling a suspect, handcuffing a suspect[,] and placing a suspect in a police car do not necessarily convert a Terry stop into an arrest." See United States v. Colon,
C. Whether the Stop was Supported by Reasonable Suspicion
Upon consideration of the totality of the circumstances, the Court *466concludes that the investigatory stop of Defendant was supported by reasonable suspicion and, consequently, did not violate the Fourth Amendment. As an initial matter, although "an anonymous tip that a person has a gun, without additional corroboration, lacks the indicia of reliability needed to justify a stop under the reasonable suspicion standard ... an anonymous tip can be the basis for reasonable suspicion if accompanied by specific indicia of reliability." See United States v. Holloway,
Moreover, even if the tip were considered unreliable for purposes of the Fourth Amendment, there are other factors that "if observed by police," may "corroborate an otherwise insufficient tip," including, inter alia, the suspect's presence in a high-crime area. See Brown,
Further, the encounter occurred in the evening on Halloween, shortly before trick-or-treating was to begin. Given that the eyewitness's account involved the discharge of a dangerous weapon on a night when more members of the community were expected to be outside, it is possible that if Officer Pickel "had done nothing and continued on [his] way after receiving the [eyewitness's] tip, [he] would have been remiss," for the public is "entitled to be free from fear of victimization and have police investigate ... shootings." See Valentine,
IV. CONCLUSION
For the reasons stated above, Defendant's motion to suppress (Doc. No. 22), will be denied. An appropriate Order follows.
Unless otherwise noted, the facts recited herein are derived from the transcript of the suppression hearing held by the Court on July 19, 2018. (Doc. No. 44.) During the suppression hearing, the Court heard testimony from Officer Pickel ("Officer Pickel"), Officer Jonathan Hatterer ("Officer Hatterer"), and Defendant.
The Court refers to this man as "the eyewitness" herein.
Officer Pickel also testified that he did not ask the eyewitness for his address or phone number. (Id. at 28:16-19.)
Officer Pickel testified that he believed his conversation with the eyewitness had been recorded through his police body camera located on his chest. (Id. at 11:16-24, 12:1-16.) As discussed during the suppression hearing, however, the conversation with the eyewitness was not captured by Officer Pickel's recording device. (Id. at 28:9-11.)
Officer Pickel noted that after his patrol vehicle's brakes squeaked, Defendant turned around and observed him, and that "to be truthful, [he] thought the gig was up there, but [Defendant] just maintained walking." (Id. at 16:3-8.)
The video footage captured by Officer Pickel's dash camera was played during the suppression hearing. (Id. at 18:5.)
Officer Pickel testified that he did not lose sight of Defendant for the duration of these events. (Id. at 19:13-16.)
Officer Pickel also believed his conversation with the eyewitness had been recorded (Doc. No. 44 at 11:16-18), which lends support to the Court's conclusion that Officer Pickel was able to ascertain the credibility of the eyewitness - who could have been subsequently identified, had the encounter actually been recorded - and that the tip was sufficiently reliable.
Additionally, to the extent Defendant testified that on the date in question, he had taken a different path that was situated next to the bridge (Doc. No. 44 at 77:8-16), such testimony does not bear on the Court's reasoning as to whether the stop was supported by reasonable suspicion. Even if the Court were to credit such testimony, it is undisputed that the eyewitness informed Officer Pickel that Defendant was walking on the bridge, and the appropriate inquiry is not whether Defendant had actually committed the alleged criminal conduct, but, rather, upon consideration of the totality of the circumstances, whether Officer Pickel possessed an objectively reasonable suspicion to support the stop based on the information conveyed to him by the eyewitness. See, e.g., Johnson,
It also bears noting that at the time Officer Pickel received the tip from the eyewitness and followed Defendant, the sun was setting (Doc. No. 44 at 57:17-19), which weighs in favor of finding reasonable suspicion, in light of the safety risks inherent in possibly pursuing a suspect in the dark. See, e.g., Colon,
In a similar vein, the Court finds that it would not have been feasible for Officer Pickel to examine the area for shell casings prior to following Defendant, as the Court finds credible Officer Pickel's testimony that Defendant was walking "further and further away" and "because [he] was the only officer in the immediate area at the time, [he] felt it most important to make sure [he] kept [his] eyes on [Defendant]." (Doc. No. 44 at 12:22-25.)
Reference
- Full Case Name
- United States v. Michael E. TORRES
- Status
- Published