U.S. v. McFayden
| Decision Date | 24 January 1989 |
| Docket Number | No. 87-3096,87-3096 |
| Citation | 275 U.S.App.D.C. 207,865 F.2d 1306 |
| Parties | UNITED STATES of America, v. Gregory McFAYDEN, Appellant. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Appeal from the United States District Court for the District of Columbia (Criminal Action No. 86-00331-01).
Richard S. Stern, Washington, D.C., appointed by the Court, for appellant.
Patricia A. Riley, Asst. U.S. Atty. with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell and Elizabeth Trosman, Asst. U.S. Attys., were on the brief, for appellee.
Before EDWARDS and WILLIAMS, Circuit Judges, and REYNOLDS *, Senior District Judge.
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
Gregory McFayden ("appellant") appeals a decision of the District Court denying his motion to suppress evidence of narcotics that were inadvertently discovered in his automobile after it was stopped at a police traffic roadblock. The appellant claims that the roadblock was unconstitutional because it served no legitimate governmental interest. Therefore, according to the appellant, because the police had no reasonable suspicion to believe that either he or his automobile were subject to seizure for violation of the law, his Fourth Amendment rights were infringed when his car was seized at the roadblock. The District Court rejected the Fourth Amendment claim, finding that the appellant's automobile was lawfully stopped at a fixed traffic checkpoint. We affirm.
The Supreme Court has held that stops of vehicles are permissible if made either at fixed traffic checkpoints or on reasonable suspicion. In any case, a stop must be "judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests." Delaware v. Prouse, 440 U.S. 648, 654, 99 S.Ct. 1391, 1396, 59 L.Ed.2d 660 (1979). In the instant case, because of its legitimate purpose and limited scope, we find that the roadblock passes constitutional muster: it was established to respond to identified problems of traffic congestion; it was designed to improve traffic enforcement in neighborhoods experiencing serious problems; its principal purpose was to allow police to check for a driver's license and vehicle registration; it advanced the legitimate governmental interests it was designed to serve; it was open and highly visible; the police were required to check all cars at the roadblock, with no discretion to engage in random or roving stops; drivers were not detained at the roadblock once they produced a valid license and registration, unless other facts came to light during the check which created a reasonable suspicion that the driver was engaged in some criminal activity; and, even though the traffic checkpoint facilitated a narcotics enforcement effort, there is no evidence that it was a subterfuge principally designed to detect crimes unrelated to driver licensing and vehicle registration. We agree with the District Court that, on these facts, the appellant suffered no violation of his Fourth Amendment rights. 1
On August 31, 1986, the Metropolitan Police Department began "Operation Cleansweep," a coordinated effort in the Third, Fourth, Fifth, Sixth, and Seventh Police Districts of the District of Columbia designed to attack the problem of drug dealing in D.C. The law enforcement effort came as a result of "untold complaints" from citizens and from monthly reports from vice units that indicated a marked increase in street level drug trafficking. See Transcript ("Tr.") 2 I-78-81.
The testimony in this case indicates that traffic congestion is one serious problem that results from street drug sales in the District of Columbia. Drug dealers stand on sidewalks and step out into moving traffic to advertise their wares. Traffic flow is disrupted by buyers stopping illegally, making U-turns, or double-parking in order to make drug purchases. The amount of both vehicular and pedestrian traffic increases in such drug dealing areas. It is not uncommon for 200 to 300 people to gather at a street corner, bringing the movement of vehicles and pedestrians to a virtual standstill.
As part of Operation Cleansweep, temporary roadblocks were set up to control the traffic congestion that resulted from street drug sales. The main purpose of the roadblocks was to allow police to regulate vehicular traffic by checking drivers' licenses and vehicle registrations; police officers acknowledged, however, that they were hopeful that the roadblocks would also have a "halo" or "spin-off" effect of deterring drug trafficking. See Tr. I-25, 72, 84-85, 101-03.
In the Sixth District, where the appellant was apprehended, the District Commander decided on the location of the roadblocks on the basis of community complaints about traffic and narcotics problems. Police were instructed to stop all cars passing through the roadblocks in both directions to check licenses and registrations. If a driver's license and registration were in order, the car would be permitted to continue within a matter of seconds; if not, the car would be pulled out of line so that a computer check could be run, which would take a few minutes. If the driver had no license or registration, or if the license had been suspended or revoked, the driver would be arrested; if the license had expired or the driver had forgotten it, he or she would receive a traffic ticket.
From August 29 to October 23, 1986, 77 roadblocks were established in the Sixth District, leading to 243 arrests. Tr. I-19, 43-46. Of these arrests, 39 were for criminal conduct not related to traffic, including outstanding warrants and disorderly conduct. Ten arrests were for narcotics offenses: including 9 misdemeanors and 1 felony. Tr. I-20, 48. Seven of these arrests were initially for traffic offenses, but narcotics were found in searches incident to the arrests. Only 3 narcotics arrests, including the appellant's, did not involve traffic charges. Tr. I-19-20. City-wide, there were 1,101 arrests associated with Operation Cleansweep between August 30 and November 1, 1986. Most of these arrests, i.e., 905 of the 1,101 (or 82%), were for traffic offenses. Tr. I-92, 93, 117-18, 121.
On September 10, 1986, the police installed a roadblock at the intersection of 58th and Ames Streets, Northeast, between the hours of 12:00 noon and 6:00 p.m. Deputy Chief Melvin High testified that the area was primarily residential, that it included public housing, and that residents and property managers had complained about speeding automobiles, traffic congestion and drug trafficking. Tr. I-60-61. Sergeant David Daniel, the field officer, understood the roadblock to be for traffic purposes, although he knew that Operation Cleansweep personnel were involved. Tr. II-34, 46-47.
Between ten and twenty flares were set up along the center of 58th Street, going north from the intersection at Ames Street. An officer instructed motorists entering the traffic roadblock to have their licenses and registrations ready. At least one marked police car was parked near the flares, and eight to ten uniformed officers were also on the scene. The officers were told to stop every car in both directions and to check licenses and registrations. No special instructions were issued to look out for narcotics or paraphernalia, although the officers were assumed to be normally observant. An estimated twenty to forty cars passed through the roadblock each hour.
At about 5:30 p.m. on September 20, 1986, the appellant entered the roadblock on 58th Street and attempted to leave it by turning left onto Ames Street. On Ames Street, Officer Cynthia Fitts asked the appellant to stop his car. The officer was instructed to stop every car, including any cars that turned onto another street to avoid the roadblock. She was also instructed to check permits and registrations. Sergeant Daniel walked over to assist Officer Fitts. A passenger in the appellant's automobile left the vehicle without being stopped by the police officers, and walked into a nearby apartment complex.
The appellant stepped out of the car and told Sergeant Daniel that either his license or registration was in the trunk. Sergeant Daniel watched the appellant open a briefcase in the trunk, and saw that it contained a large quantity of money. When Sergeant Daniel cautioned the appellant about carrying so much money with him, the appellant explained that he had a lot of bills to pay. The appellant voluntarily told the officer that "there are no drugs in there" and invited Sergeant Daniel to look in the trunk, which the officer did. Tr. II-36. The appellant then indicated that his registration was in the glove compartment. In the meantime, Officer Fitts examined the driver's permit and ran a computer check, which disclosed no irregularities.
Concerned that bystanders might take the money in the trunk, Sergeant Daniel told the appellant to keep it with him. The appellant retrieved the money and entered the car on the right side. Sergeant Daniel walked along the left side and opened the driver's door. At that moment, the appellant lunged for a bag on the floor of the car. Tr. IV-78. The officer reached it first, fearing that it might contain a weapon. The officer found that the bag contained, instead, small bags of white powder, which the officer believed to be narcotics. The appellant was then placed under arrest.
The District Court denied the appellant's motion to suppress the evidence, finding that the operation of the roadblock had satisfied Fourth Amendment standards of "reasonableness." Tr. III-2. Pointing to Supreme Court precedent, the trial court ruled that the Fourth Amendment standards of reasonableness apply to...
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