Hovington v. State
| Citation | 616 A.2d 829 |
| Parties | Darrell HOVINGTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. . Submitted: |
| Decision Date | 06 October 1992 |
| Court | United States State Supreme Court of Delaware |
Upon appeal from the Superior Court. AFFIRMED.
E. Stephen Callaway, Asst. Public Defendant, Georgetown, for appellant.
Gary A. Myers, Deputy Atty. Gen., Georgetown, for appellee.
Before HORSEY, MOORE, and HOLLAND, JJ.
The defendant-appellant, Darrell Hovington ("Hovington"), was tried before a jury in the Superior Court in and for Sussex County. He was convicted of Trafficking in Cocaine. 1 Hovington filed a timely direct appeal with this Court.
The central issue in this appeal is whether the Superior Court's ruling that a slip of paper seized from Hovington's pocket by the police was admissible as evidence at his trial. Hovington has raised the same two contentions before this Court that he presented to the Superior Court. First, he argues that there was no probable cause for his warrantless arrest. Therefore, Hovington argues, if the search of his person was not incident to a lawful arrest, the fruit of that search, i.e., the slip of paper, was inadmissible as evidence. Second, Hovington contends that, even if there was probable cause for his warrantless arrest and the search of his person, the slip of paper should have been excluded from evidence because it was irrelevant and prejudicial.
After a careful consideration of the record, we have concluded that there was probable cause for Hovington's warrantless felony arrest. Consequently, the slip of paper which was recovered during a search incident to that lawful arrest was admissible as evidence. Additionally, the record reflects that the Superior Court properly exercised its discretion in ruling that the slip of paper was relevant and admissible as evidence, notwithstanding its prejudicial effect upon Hovington. Therefore, we affirm Hovington's conviction of Trafficking in Cocaine.
The facts are not in dispute. Agents of the federal Drug Enforcement Administration (DEA) made two separate purchases of crack cocaine, as part of an ongoing investigation into cocaine trafficking in the Ellendale area. Both purchases occurred in a secluded location described as an "open air drug market". The first purchase took place on July 25, 1991 when a DEA agent purchased crack cocaine from a man named Cornelious Haugabook ("Haugabook"). The second purchase took place on the morning of August 1, 1991 when a DEA agent bought crack cocaine from a man named Clavis Augustin ("Augustin"). Based upon these two transactions, the DEA agents obtained arrest warrants on August 1, 1991 for both Haugabook and Augustin.
Later that same afternoon, a task force of officers from the DEA, Delaware State Police and the Bureau of Alcohol, Tobacco and Firearms (ATF) executed the arrest warrants. The officers approached the secluded area near Ellendale in an unmarked van. Detective Murray of the Delaware State Police testified that as he and the other law enforcement officers exited the van, Hovington, Haugabook and Augustin all ran away. 2
Detective Murray chased after Hovington. Detective Murray testified that when he exited the van, he observed Hovington seated outside at a table, apparently eating lunch with Haugabook and Augustin, the two persons for whom the warrants were issued. He also testified that when the chase began, Hovington had "some objects" in his hands, which Detective Murray was not then able to identify.
Hovington ran behind a burned-out mobile home. Detective Murray ran along the other side of that structure in pursuit of Hovington. As Detective Murray ran, he was able to see Hovington only from the chest area up. He never actually saw Hovington discard anything. However, when Hovington emerged from behind the mobile home, he had nothing in his hands. Detective Murray and Detective Davis forced Hovington to the ground at gun point.
Hovington was advised that he was under arrest for "suspicion of narcotics." Detective Kline hand-cuffed Hovington and escorted him to an area approximately twenty yards from the burned-out mobile home. Detective Kline then searched Hovington incident to his arrest. During that search, Detective Kline removed a small slip of paper, containing names and initials with corresponding numbers, from Hovington's front pocket. The slip of paper also had the notation, "4 1/4 ounce".
After Hovington, Haugabook and Augustin were all in custody, the law enforcement officers searched the area. Detective West of the Delaware State Police testified that it is standard police practice, after apprehending fleeing persons, to search for evidence that might have been discarded. 3 Upon searching the area behind the burned-out mobile home, along which Hovington had run, Detective West recovered one package of what appeared to be crack cocaine laying in the grass. A second similar package was found laying on the ground near the burned-out mobile home. 4
As a preliminary matter, Hovington contends that the law enforcement officers had no legal authority to pursue and detain him when they arrived to execute the arrest warrants for Haugabook and Augustin. In assessing the propriety of detaining an occupant of premises which were being searched pursuant to a valid warrant, the United States Supreme Court has stated:
both the law enforcement interest and the nature of the "articulable facts" supporting the detention are relevant. Most obvious is the legitimate law enforcement interest in preventing flight in the event that incriminating evidence is found. Less obvious, but sometimes of greater importance, is the interest of minimizing the risk of harm to the officers.... [T]he execution of a warrant to search for narcotics is the kind of transaction that may give rise to sudden violence or frantic efforts to conceal or destroy evidence. The risk of harm to both the police and the occupants is minimized if the officers routinely exercise unquestioned command of the situation.
Michigan v. Summers, 452 U.S. 692, 702, 101 S.Ct. 2587, 2594, 69 L.Ed.2d 340 (1981). The same rationale applies to the execution of a warrant to arrest someone for a narcotics violation. See Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 1097-1098, 108 L.Ed.2d 276 (1990); Accord Downs v. State, Del.Supr., 570 A.2d 1142 (1990). 5
When the officers arrived to execute the arrest warrants, Hovington and the subjects of those warrants (Haugabook and Augustin) all fled. Hovington's flight in response to a showing of lawful authority, in the context of the background facts known to the officers, supplied a reasonable basis for pursuing Hovington for the purpose of conducting an investigative stop. U.S. v. Lane, 909 F.2d 895, 899 (6th Cir.1990). 6 The officers were operating in a potentially dangerous secluded area, already known to them for its narcotics trade. Hovington may have been fleeing to destroy evidence or to obtain weapons. Michigan v. Summers, 452 U.S. at 702, 101 S.Ct. at 2594. By pursuing Hovington as he fled from the scene, the officers acted properly in exercising "unquestioned command of the situation" in order to minimize the risk of harm to themselves and all persons who were present. Id.
When the law enforcement officers apprehended Hovington at the end of the burned-out mobile home, he was arrested for "suspicion of narcotics." 7 A peace officer is authorized to make a warrantless arrest for a felony whenever there is "reasonable ground to believe that the person to be arrested has committed a felony, whether or not a felony has in fact been committed." 11 Del.C. § 1904(b)(1). The phrase "reasonable ground to believe," as used in the Delaware statute, has been construed to mean "probable cause". Thompson v. State, Del.Supr., 539 A.2d 1052, 1055 (1988).
This Court has long recognized that "[p]robable cause is an elusive concept which avoids precise definition ... It lies somewhere between suspicion and sufficient evidence to convict." Id. (quoting State v. Cochran, Del.Supr., 372 A.2d 193, 195 (1977)). The United States Supreme Court has concluded that probable cause must be measured by the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). This requires a case-by-case review of "the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act." Thompson v. State, 539 A.2d at 1055 (quoting Illinois v. Gates, 462 U.S. at 231, 103 S.Ct. at 2328).
The Superior Court ruled that under the totality of the circumstances, the police had probable cause to arrest Hovington when he was apprehended at the end of the burned-out mobile home. The Superior Court based its ruling upon the following facts: Hovington was in a secluded area which was known to the police as an "open air drug market"; Hovington was seated next to two men who were charged in arrest warrants with selling drugs to undercover agents in that area; one of the drug sales had taken place earlier the same day; Hovington fled when the police identified themselves, with unknown objects in his hand; and Hovington apparently discarded those objects during his flight.
The Superior Court properly measured the totality of the circumstances in this case by a review of "the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act." Thompson v. State, 539 A.2d at 1055 (quoting Illinois v. Gates, 462 U.S. at 231, 103 S.Ct. at 2328). 8 See also Jarvis v. State, Del.Supr., 600 A.2d 38, 42 (1991). First, the known reputation of an area for crime ("high-crime" character) is a relevant factor in determining whether probable cause exists. Jarvis v. State, Del.Supr., 600 A.2d 38, 41 (1991); U.S. v. White, 655 F.2d 1302, 1304 (D.C.Cir.19...
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