Davis v. United States, 5870.

Citation284 A.2d 459
Decision Date13 December 1971
Docket NumberNo. 5870.,5870.
PartiesErnest Lee DAVIS, Appellant, v. UNITED STATES and District of Columbia, Appellees.
CourtCourt of Appeals of Columbia District

John E. Kloch, Washington, D. C., appointed by this court, for appellant.

Ann S. DuRoss, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Charles E. Brookhart, Asst. U. S. Attys., were on the brief, for appellee United States.

C. Francis Murphy, Corp. Counsel, Richard W. Barton and Earl A. Gershenow, Asst. Corp. Counsels, entered appearances for appellee District of Columbia and adopted oral argument of counsel for appellee United States.

Before HOOD, Chief Judge, and GAL-LAGHER and PAIR, Associate Judges.

GALLAGHER, Associate Judge:

This is an appeal from convictions for carrying a dangerous weapon (handgun) without a license (D.C.Code 1967, § 22-3204), possession of an unregistered gun and unlawful possession of ammunition (Police Regs. art. 51, § 1 and art. 53, § 2).1 Appellant contends that the gun and ammunition should have been suppressed as the fruits of an illegal search. We disagree and affirm the convictions.

On October 26, 1970, two police officers received a radio message that a man by the last name of Davis was sitting in a car in the vicinity with a gun. The message identified the car as a white Rambler, named its location and specified its license plate number. Within minutes the officers arrived at the location and observed a white Rambler bearing the specified license plates parked at the curb. Appellant was sitting in the front seat reading a newspaper.

The officers approached from different sides and asked appellant to get out of the car.2 He exited from the side of the car where one officer was standing and, upon inquiry by the officer, said his last name was Davis. As appellant was getting out of the car, the other officer opened the door on the opposite side of the car and noticed the barrel of a gun protruding from beneath the seat. He reached into the car, removed the gun and told appellant he was under arrest.

Appellant makes two contentions. First, he argues that he was under arrest when told to exit from the car and the arrest was made without probable cause; and therefore, the gun, seized in a search incident to an illegal arrest, should have been suppressed. Second, he contends that even if the police action constituted a mere "stop and frisk", the search exceeded the limits permitted under the stop-and-frisk doctrine.

When the officers received information that a man was...

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16 cases
  • Womack v. US
    • United States
    • D.C. Court of Appeals
    • 14 Marzo 1996
    ...that this officer should have simply shrugged his shoulders and allowed appellees to proceed on their way."); Davis v. United States, 284 A.2d 459, 460 (D.C.1971); see also King v. United States, 550 A.2d 348, 357 (D.C.1988); Harris v. United States, supra, 382 A.2d at 1019; Cooper, supra, ......
  • District of Columbia v. M. E. H.
    • United States
    • D.C. Court of Appeals
    • 28 Noviembre 1973
    ...U. S.App.D.C. 250, 393 F.2d 359 (1968). See and compare Williams v. United States, D. C.App., 287 A.2d 814 (1972); Davis v. United States, D.C.App., 284 A.2d 459 (1971); Shellie v. United States, D.C.App., 277 A.2d 288 The trial court apparently ignored this controlling case law for, withou......
  • Butler v. United States, 10330.
    • United States
    • D.C. Court of Appeals
    • 29 Abril 1980
    ...278 A.2d 458, 459 (197412 Here the "something more" was lacking. The officer had no report of criminal activity. Cf. Davis v. United States, D.C.App., 284 A.2d 459 (1971) and United States v. Frye, D.C.App., 271 A.2d 788 (1970). Appellant was not running. Cf. Stephenson v. United States, D.......
  • Crawford v. United States, 8309.
    • United States
    • D.C. Court of Appeals
    • 16 Febrero 1977
    ...S.Ct. 992, 19 L.Ed.2d 1067 (1968), and United States v. Wheeler, 148 U.S. App.D.C. 204, 459 F.2d 1228, 1229 (1972); Davis v. United States, D.C.App., 284 A.2d 459, 460 (1971); Wise v. United States, D.C.App., 277 A.2d 476, 477 (1971). Having found that Officer Conway was lawfully arresting ......
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