U.S. v. Waterman
| Decision Date | 30 April 2008 |
| Docket Number | Crim. No. 07-073-SLR. |
| Citation | 549 F.Supp.2d 593 |
| Parties | UNITED STATES of America, Plaintiff, v. Christopher WATERMAN, Defendant. |
| Court | U.S. District Court — District of Delaware |
Colm F. Connolly, United States Attorney and Shawn E. Martyniak, Special Assistant United States Attorney, United States Attorney's Office, District of Delaware, Wilmington, DE, for Plaintiff United States of America.
Edson Bostic, Esquire, Federal Public Defender, Federal Public Defender's Office, District of Delaware, Wilmington, DE, for Defendant Christopher Waterman.
On June 5, 2007, defendant Christopher Waterman was indicted by a federal grand jury for knowingly possessing with the intent to distribute more than five grams of a mixture and substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), and knowingly carrying and possessing a firearm that has been transported in interstate commerce to Delaware, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (D.I.4) Before the court is defendant's motion to suppress evidence and statements based on his alleged illegal seizure and arrest on May 12, 2007. (D.I.13) An evidentiary hearing was held on November 30, 2007. (D.I.20) The matter is fully briefed. (D.I.22, 23) The court has jurisdiction pursuant to 18 U.S.C. § 3231.
Pursuant to Fed.R.Crim.P. 12(d), the following constitute the court's essential findings of fact as developed during the evidentiary hearing, wherein Wilmington Police Officer Cecilia Ashe ("Ashe") testified for plaintiff and Tehray Waters ("Waters") testified on behalf of defendant. (D.I.20)
1. In May 2007, Waters lived with her four children in a house located at 1009 West Seventh Street, Wilmington, Delaware ("the residence"). (Id. at 72) The residence, situated in the middle of the block alongside other row homes, does not have a front yard. (Id. at 92) A narrow front porch, about 3 feet wide and 6 feet long, leads into a small living room, dining room and kitchen. There is no light on the porch. (Id. at 7, 68,100)
2. On the evening of May 12, 2007, Mother's Day, Waters had several guests over, including: (1) defendant; (2) her sister Desiree; (3) her brother Willy; (4) her mother Deborah; and (5) an unidentified friend of Willy. (Id. at 74, 75, 78, 103) Waters testified that defendant, the father of her son, was visiting to discuss their child. With the exception of Deborah Waters, who remained inside the house watching television with several children, the others were outside on the front porch. (Id. at 75)
3. Contemporaneously, Wilmington Police Officer Ashe was on uniformed patrol duty in the area around West Seventh Street driving a marked police vehicle equipped with sirens and lights.1 (Id. at 3-5) Sometime before 9:00 p.m., an anonymous individual ("tipster") telephoned "911" to report seeing a "subject" with a gun at 1009 West Seventh Street. (Id. at 6, 32, 33) The tipster's information was dispatched over the police radio and received by Ashe. (Id. at 32) Additional information, including the tipster's identity and reliability, source of information, time the call was received or whether the call was recorded or logged, was not conveyed to Ashe or to the court.2 (Id. at 6, 32-33)
4. Ashe responded to the area approximately five minutes after receiving the dispatch call.3 Driving onto West Seventh Street, a one-way street, Ashe was unable to discern the house numbers because it was raining and the area was poorly lit. (Id. at 6-7, 33-35) .The street was lined with row homes erected adjacent to each other and situated close to the curb. (Id. at 7) Cars were parked along the curb on both sides of the street. (Id. at 34) In the middle of the block, Ashe observed the silhouettes of five people standing on the front porch of a house. (Id. at 6-7) Because Ashe was unable to determine whether this was the house identified by the tipster, she activated and shined the car's spotlight on the house and confirmed a match.4
5. The illumination from the spotlight also enabled Ashe to more clearly see two black females and three black males standing together on the porch of the residence. Defendant, wearing a black hat, black jacket and baggy, dark colored jeans, was standing in the center of the group directly in front of the door to the residence.5 (Id. at 7-9) The other two men were standing to defendant's left side, one female was standing on a lower porch step and the second female was standing at the top of the porch steps.
6. Ashe and Nowell exited their patrol vehicle. Ashe positioned herself next to the vehicle's door, about 8-10 feet away from the residence. (Id. at 8, 36-37) Nowell approached the house. Ashe did not see any of the individuals on the porch brandishing a weapon. (Id. at 36) She ordered them to put their hands up in the air, for safety reasons. (Id. 8, 36-37) Everyone complied except defendant whose hands were inside his jacket pockets. "(Id. at 9, 39-40)
7. From her vantage point, Ashe had an unobstructed view of defendant. Ashe did not see a weapon in defendant's hands; however, based on her training, Ashe suspected that defendant might have been armed because he had moved his hands towards his waistband. (Id. at 10) Ashe and Nowell drew their firearms as Ashe repeatedly commanded defendant to put his hands in the air. (Id. at 10) Defendant did not comply; he moved one of his hands behind his back and turned the doorknob of the front door. (Id. at 9, 41) The door did not open. Ashe thought the door was locked. (Id. at 9) Ashe continued, unsuccessfully, to order defendant to show his hands. Ashe and Nowell maintained their weapons in a drawn position, aimed at the individuals standing on the porch. (Id. at 37-38)
8. Just then, Deborah Waters opened the door and stepped onto the porch. (Id. at 10-11) As Deborah Waters exited, defendant entered the residence. (Id. at 43) Nowell, standing near the porch, thrust his leg into the doorway to prevent the door from being shut. (Id. at 11-12)
9. Still standing at the patrol car, Ashe observed several children sitting on a couch watching television in the dining room area of the residence. (Id. at 13) She then watched defendant run through the living room, dining room and into the kitchen where she momentarily lost sight of defendant. (Id. at 12-13) Defendant returned to her field of vision when he walked quickly from the kitchen towards the front of the residence with his hands in the air. (Id. at 13) Ashe continued to order defendant to keep his hands in the air. Ashe did not see defendant holding a firearm. Defendant was ordered out of the residence, where he was patted down, handcuffed, taken into custody and placed in the back of a police car parked nearby. (Id. at 14, 48-49) No contraband was found on defendant. (Id. at 48)
10. As defendant was taken into custody, Tehray Waters became very upset, yelling obscenities and demanding to know the reason police were at the residence. (Id. at 76, 83, 85, 89) Waters was taken into custody and placed in the back seat of a police vehicle parked around the corner. (Id. at 16) At no time did officers ask, nor did she grant permission, to search the residence. (Id. at 76) Sometime later, Waters was issued a ticket for disorderly conduct. (Id. at 105)
11. Around the same time, Sergeant Morrisey and Sergeant Misetic, supervisory officers, arrived to establish a command scene at the residence. (Id. at 17) Sgt. Morrisey told Deborah and Willy Waters about the tipster's call and requested permission to search for a gun in the residence. (Id. at 18-19) Ashe testified that Willy Waters stated that he lived at the residence and gave permission for police to search. Willy Waters said there were no guns at the residence.
12. Sgt. Morrisey and Ashe entered the residence to conduct a search. In the kitchen, Sgt. Morrisey discovered a gun hidden between a wall and cases of soda. (Id. at 20, 23) The gun was located in a holster with two belt loops. (Id. at 21) Nowell secured the gun in the back of a patrol car. (Id. at 22)
13. Ashe testified that Sgt. Misetic next requested permission to search the entire residence for narcotics, explaining that he was familiar with defendant's criminal history which included drugs and guns. (Id. at 23) Willy Waters consented to the second search. In the kitchen area, Ashe found several sandwich bags containing an off-white substance, which field tested positive for cocaine. (Id. at 24) Ashe secured the drugs.
14. Ashe testified that defendant made incriminating statements while on the way to Wilmington Police Station. (Id. at 25, 26, 28) Further, after verbally waiving his Miranda rights, defendant spoke with Sgt. Misetic and made statements regarding the gun, specifically that Willy Waters had tried to sell it to him. (Id. at 28, 63) Defendant explained that he ran from police because there were outstanding capiases for his arrest. (Id. at 30) Ashe testified that she not locate any active warrants or capiases for defendant. (Id. at 30-31)
1. Once a defendant challenges the legality of a warrantless search and seizure, the burden is on the government to demonstrate that the acts were constitutional. United States v. Johnson, 63 F.3d 242, 245 (3d Cir.1995); United States v. Hitter, 416 F.3d 256, 261 (3d Cir.2005). The burden of proof is a preponderance of the evidence. United States v. Matlock, 415 U.S. 164, 178 n. 14, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974).
2. The court is charged with reviewing the "credibility of witnesses and the weight to be given the evidence, together with the inferences, deductions and conclusions to be drawn from the evidence." United States v. McKneely, 6 F.3d 1447, 1452-53 (10th Cir.1993); Government of the Virgin Islands v. Gereau, 502 F.2d 914, 921 (3d Cir.1974); United States v. Williams, 400 F.Supp.2d 673 (D.Del. 2005)...
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