U.S. v. Henderson, CR.01-10264-MLW.

• Citation: 229 F.Supp.2d 35
• Decision Date: 04 November 2002
• Docket Number: No. CR.01-10264-MLW.,CR.01-10264-MLW.
• Parties: UNITED STATES of America v. Marcel HENDERSON
• Court: U.S. District Court — District of Massachusetts

Page 35

229 F.Supp.2d 35

UNITED STATES of America v. Marcel HENDERSON

No. CR.01-10264-MLW.

United States District Court, D. Massachusetts.

November 4, 2002.

Timothy Watkins, Boston, MA, for Defendant.

Colin G. Owyang, U.S. Atty's Office, Boston, MA, for U.S.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. SUMMARY

Defendant Marcel Henderson is charged in a one count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Henderson filed a motion to suppress the firearm in question and any other items observed or seized during a search and seizure of him on May 10, 2001. On October 22 and 23, 2002, the court conducted an evidentiary hearing concerning this motion. For the reasons described below, the court is denying Henderson's motion to suppress.

II. FINDINGS OF FACT

The following facts are proven by a preponderance of the evidence. On the night of May 10, 2001, Henderson was riding in the front passenger seat of a 1990, standard transmission Nissan Stanza bearing Massachusetts license plate 7446MF. The car was being driven by its owner, Patrice Alford.

On May 10, 2001, Michael Kominsky, a police officer of the Town of West Bridgewater, was working the 4:00 p.m. to 12:00 midnight shift in a marked police cruiser. At about 10:30 p.m., Kominsky and Alford each approached the intersection of Plain Street and Waverly Park Avenue in Brockton, Massachusetts,¹ at approximately the same time. Alford was driving south on Plain Street. Kominsky was driving west on Waverly Park Avenue. Kominsky waited for Alford to drive past the intersection and, making a left turn, pulled out behind her on Plain Street.

At this time, Alford was trying to drive from Brockton to Boston and was lost. She was looking for signs and driving slowly, approximately 20 miles per hour. The speed limit for the pertinent portion of Plain Street is 35 miles per hour. Alford crossed the solid double yellow line that runs down the middle of Plain Street at least two times, which violated M.G.L.A. ch. 89, § 4A.

Observing Alford's slow driving and multiple marked lanes violations, Kominsky decided to investigate further by querying the Massachusetts Registry of Motor Vehicles ("RMV") about Alford's car. Kominsky's cruiser was equipped with a laptop computer that allows an officer to, among other things, enter a license plate number and receive information about the vehicle and its registered owner.

Kominsky's inquiry about Massachusetts license plate 7446MF was answered quickly by the RMV computers. He learned that the registered owner of the vehicle had a suspended driver's license. Kominsky decided to stop Alford's automobile. He waited, however, until Alford's vehicle came to a place on the road where he would enjoy a "tactical advantage" during the traffic stop. This point soon came and Kominsky activated his overhead flashing lights. Alford pulled over within five to ten seconds. The vehicles were then in the vicinity of the intersection of Pleasant Street and Pleasant Avenue in East Bridgewater. After using his radio to notify the desk officer on duty that he was performing a motor vehicle stop, Kominsky exited his cruiser and approached Alford's vehicle.

Kominsky's cruiser was approximately 30 feet behind Alford's Nissan. Alford's vehicle was illuminated by lights from the police cruiser. These included a hand-held spotlight and "take-down" lights. Take-down lights are two spot lights that come down from the light bar on the cruiser's roof. Kominsky also had a flashlight in his hand when he approached Alford's vehicle and he shined it in the vehicle.

Kominsky asked Alford for her license and registration. She provided the registration, but not her license. When Kominsky asked her why she did not have her license, Alford responded that she thought it might have been suspended because she had unpaid tickets.² Alford then confirmed that she was the registered owner of the car.

Alert to possible issues concerning his safety, Kominsky also watched Henderson and accurately observed that he was not wearing his seatbelt.³ Kominsky then asked Henderson for his license or identification. Kominsky made the request for three reasons. First, Kominsky needed information concerning Henderson's identity in order to issue him a citation for not wearing a seatbelt. See M.G.L.A. ch. 90 § 13A; ch. 90C § 3. Second, Kominsky wanted to determine whether Henderson was licensed to drive Alford's car from East Bridgewater since Alford was not authorized to do so. Finally, when Kominsky made a traffic stop at night he typically, but not always, asked for identification from any passenger, as well as from the driver, to determine with whom he was dealing as part of his effort to protect his safety. Thus, it is probable that Kominsky would have demanded that Henderson provide him a license or other adequate identification even if Henderson had been wearing a seatbelt.

Henderson told Kominsky that he did not have a license or any identification. Kominsky instructed Henderson to write his name, date of birth, and social security number on a piece of paper. Henderson asked Kominsky why he had to provide that information. Kominsky did not answer the question, but insisted that Henderson give him the requested information. Kominsky gave Henderson a pen and Henderson wrote his identifying information on a piece of paper that was in the car. Kominsky took that piece of paper to his cruiser.

After returning to his cruiser, Kominsky used his laptop computer to investigate Henderson based on the information he had provided. The computer reported that according to the Commonwealth of Massachusetts Warrant Management System (the "WMS"), there was an outstanding 1996 warrant for Henderson's arrest. Kominsky confirmed with the desk officer on duty that the warrant was in the system. Kominsky then asked the desk officer to check Alford's criminal history. The desk officer responded that Alford had no criminal history. Kominsky told the desk officer that he was going to issue a citation to Alford for operating a vehicle after her license had been suspended, in violation of M.G.L.A. ch. 90 § 23, and arrest Henderson. See Ex. 5.

Kominsky has training and experience concerning three databases that contain information on outstanding warrants. He has been a police officer since 1997. At the Massachusetts Police Academy he was taught that two systems, the "LEAPS" system, which contains information on older, paper warrants, and the "NCIC" system, at times provide inaccurate information and that their reports of warrants should be double-checked with the issuing agency before being relied upon. He was also taught, however, that the WMS could be relied upon without further inquiry.

Kominsky's experience was consistent with this advice. Kominsky had made more than 100 arrests based solely on WMS information concerning outstanding warrants. That information was accurate in all but one case.⁴ In the sole, exceptional case the arrestee had appeared in court earlier that day and been admitted to bail, but the court had not yet updated the WMS.

By the time Kominsky was ready to return to Alford's vehicle, East Bridgewater police officer John Oliveira had arrived on the scene. Oliveira and Kominsky approached Alford's vehicle. Oliveira was on the driver's side. Kominsky was on the passenger's side. Approximately three minutes had elapsed between the time Kominsky went to his car with Henderson's information and when he returned to Alford's vehicle to arrest Henderson.

Kominsky informed Henderson that there was a warrant for his arrest. Henderson denied that. In Kominsky's experience, it is not unusual for a person to deny the existence of a warrant even if a valid warrant has been issued. Kominsky told Henderson to exit the vehicle. Henderson complied. Kominsky then instructed Henderson to place his hands on top of his head. When Henderson hesitated, Kominsky grabbed him and brought his hands up to his head. Holding Henderson's interlaced fingers with his left hand, Kominsky conducted a pat search with his right hand. He felt a magazine for a firearm in Henderson's right pocket. Kominsky asked Henderson if he had anything else that he should know about. Henderson told Kominsky that he had a 9MM pistol in his pants. Kominsky then handcuffed Henderson and, after backup requested by Oliveira arrived, retrieved the weapon from Henderson's pants.

Kominsky placed Henderson in his cruiser. He then issued Alford a citation for operating without a license, driving with a defective windshield, and a marked lanes violation. Kominsky arranged for Alford to be transported to a CVS in Brockton.

Alford was not permitted to drive her own car home as her license was suspended. The police arranged for her car to be towed. Even if Henderson were not under arrest, he would not have been able to drive Alford's standard transmission vehicle. Thus, if Henderson had not been arrested, Kominsky would have offered both Alford and Henderson transportation to a safe location in Kominsky's cruiser, and arranged for Alford's automobile to be towed. It is Kominsky's practice to search every civilian who rides in his cruiser even if the person is not in custody.

Kominsky took Henderson back to the station, where Henderson was booked and Kominsky filled out paperwork. After Henderson was booked, Kominsky also issued a citation to him for failure to wear his seatbelt.

Approximately five days later, at Henderson's state court detention hearing, Kominsky learned from an Assistant District Attorney that the warrant which had prompted Henderson's arrest had been recalled. In fact, the case for which the warrant had been issued was dismissed in 1998. When the case was dismissed, the warrant should have been removed from the WMS.

The Trial Court of the Commonwealth of Massachusetts (the "Trial Court") is responsible for the operation and reliability of the WMS. This...