United States v. Jeanes

• Decision Date: 29 November 2016
• Docket Number: Case No. 3:16-CR-070 JD
• Court: U.S. District Court — Northern District of Indiana
• Parties: UNITED STATES OF AMERICA v. D'SHAWN JEANES

UNITED STATES OF AMERICA v. D'SHAWN JEANES

Case No. 3:16-CR-070 JD

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

November 29, 2016

REPORT AND RECOMMENDATION

I. Introduction

Defendant, D'Shawn Jeanes ("Jeanes"), is charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Jeanes has moved to suppress all evidence obtained as a result of the detention and the search of the vehicle he was driving on April 28, 2016, on the grounds that the stop of vehicle lacked reasonable suspicion and the evidence seized from his vehicle was seized in violation of the Fourth Amendment. In his motion, Jeanes claims that his seizure was based on an uncorroborated, anonymous tip which, under the circumstances, was insufficient to justify the stop or the seizure.

The defendant's Motion to Suppress [DE 22] is before the undersigned Magistrate Judge, having been referred by an Order [DE 25] of the District Court for a Report and Recommendation pursuant to 28 U.S.C. §§ 636(b)(1)(B), Fed. R. Crim. P. 59(b)(1), and N.D. Ind. L.R. 72-1. I held an evidentiary hearing on the defendant's motion to suppress on October 20, 2016. At the hearing, Detective Marty Corley ("Detective Corley" or "Corley") of the Michigan City Police Department, testified, and the parties introduced the recordings of the relevant police radio traffic and the 911 call. (Gov. Hrg. Ex. 1 & 2).

At the conclusion of the hearing, I took the instant motion under advisement. For the reasons stated herein, I RECOMMEND the defendant's motion to suppress be DENIED.

II. Relevant Facts and Inferences

In making the following findings of fact, I have considered the briefs of the parties, the evidence presented, and the credibility of the witnesses. The evidence in the file and admitted at the hearing established the facts as outlined below:

On April 28, 2016, an anonymous caller contacted the Michigan City 911 dispatch center regarding a person in a car who was waving a gun. As noted above, at the hearing on October 20, 2016, the Government introduced and played the 911 recording of an anonymous caller's report to the Michigan City Police Department dispatch center (Gov. Hrg. Ex. 1), as well as a recording of the relevant police radio traffic. (Gov. Hrg. Ex. 2).

The 911 recording includes the statements of the unknown caller and the dispatch operators. (Gov. Hrg. Ex. 1). The anonymous caller provided "play-by-play" eyewitness commentary as she was following the subject vehicle. Id. During her running commentary, the anonymous caller indicated that a black male in a black Suburban vehicle was waving a gun "out" [of the vehicle]. Id. The caller said she was following the vehicle traveling east on 9^th Street approaching the intersection with Wabash. Id. The caller also indicated that she was "scared" by the actions of the person in the vehicle. Id. She said that the person was yelling out "slurs and stuff,"¹ but that no shots had been fired. Id. She continued to update the dispatch center on the whereabouts of the vehicle as it approached Kline Avenue. Id. At one point, the caller indicated that she could not determine if the person was still waving the gun because she was too far behind the subject vehicle. Id. When asked by the dispatch operator to identify the type of vehicle shewas driving, the caller reported that she was driving a grey Trans Am automobile. Id. She then told the dispatch operator that she had lost sight of the subject vehicle, but then advised "I think the police officer has got him now." Id. When the caller was asked by the dispatcher to identify herself, she stated that she does not "want to be in this."² Id. The caller then thanked the dispatcher and hung up. Id. The call lasted for a period of approximately three minutes, and ended soon after the caller confirmed that the police had stopped the subject vehicle. Id.

Detective Corley testified to the following: He has served as a police officer for sixteen years, and for approximately ten years has worked in various investigative divisions. (Hrg. Tr., p. 7, ln. 2-7). On the afternoon of April 28, 2016, he was working an off-duty security job while wearing his tactical uniform marked "Police" on the front and back and with his department-issued badge, radio, handcuffs, TASER, and firearm. (Id. at p. 8, ln. 8-11). He was also driving a Ford Fusion outfitted with lights and sirens. (Id. at p. 8, ln. 15-16). He was in the vicinity of Ripley and Wabash Streets in Michigan City when he heard the dispatch about a person in a black SUV Suburban with a handgun. (Id. at p. 7, ln. 16-19). This location is near 9^th and Wabash Streets. (Id. at p. 8, ln. 17-18). The dispatch stated that the subject vehicle was eastbound on 9^th Street. (Id. at p. 7, ln. 24-25). Detective Corley proceeded northbound on Wabash until he reached 11^th Street.³ (Id. at p. 7, ln. 20-21). He proceeded on eastbound on 11^th Street (which runs parallel to 9^th Street). (Id. at p. 8, ln. 1-2). As he turned from 11^th Streetonto Pine Street, Detective Corley observed a black Suburban that had turned onto Pine Street from 10^th Street and pointing northbound on Pine Street. (Id. at p. 9, ln. 23-25). This location was approximately 3 blocks from the intersection of 9^th Street and Wabash that was where the vehicle was observed by the anonymous caller. (Id. at p. 10, ln. 5). The vehicle had pulled over to the side of the street and was parked as Detective Corley approached. (Id. at p. 10, ln. 8-10). At that juncture, recognizing that the vehicle was similar to the description provided by dispatch, Detective Corley activated his lights and siren, and stopped the Suburban. (Id. at p. 10, ln. 12-13). He then observed that the black Suburban had a temporary tag rather than a permanent plate. Corley reported the description of the vehicle, his location, and the number on the temporary tag. (Id. at p. 12, ln. 1-3). At approximately 1:53 P.M., Corley reported to dispatch that, "I'm out with a black Suburban."⁴ (Id. at p. 9, ln. 17-20).

Immediately thereafter, Corley exited his vehicle and approached the driver's side of the black Suburban. (Id. at p. 12, ln. 10-11). Once he arrived at the driver's side, he recognized and identified the driver as D'Shawn Jeanes and the passenger as Duane Simmons. (Id. at p. 12, ln. 13-15). Both the driver and the passenger were advised to keep their hands visible. (Id. at p. 12, ln. 16-17). Corley advised Mr. Jeanes that the police had received a call about a black SUV being driven by a black male with a gun being waved around, and asked Jeanes to consent to a search of the vehicle.⁵ (Id. at p.12, ln. 22-23). Jeanes gave his consent to search the vehicle. (Id. at p. 13, ln. 7).

By this time, Officer Teska of the Michigan City Police had arrived on scene. (Id. at p.13, ln. 9). Corley had the occupants exit the vehicle, and Corley focused on Jeanes while Teska focused on Simmons. (Id. at p. 13, ln. 8-10). Corley patted down Jeanes outer clothing, and directed him to the back of the vehicle. (Id. at p. 13, ln. 10-11). At this juncture, Jeanes revealed that a gun was underneath the seat. (Id. at p. 13, ln. 13).

After Corley has learned about the gun, Lieutenant Ramion transmitted over the radio, and asked, "Hey, do you have the right vehicle because I've got another black Suburban out here?" (Id. at p. 13, ln. 16-17, 22-23). Corley responded by saying, "Yes, we've got the vehicle." (Id. at p. 13, ln. 20-21). Corley based that statement on his knowledge that Jeanes had admitted there was a weapon was under the seat. (Id. at p. 13, ln. 24-25; p. 14, ln. 1).

Corley also knew, based on his extensive personal and professional contacts with Jeanes,⁶ Jeanes did not have a left hand. (Id. at p. 18, ln. 12-23). As such, Corley knew that it would be difficult, if not impossible, for Jeanes to wave a firearm with his left hand or to hold anything in his left hand. (Id. at p. 18, ln. 24-25; p. 19, ln. 1-9).

Jeanes was arrested as the result of the incident. In due course, Jeanes was indicted for violating of 18 U.S.C. § 922(g)(1) ("felon in possession"). [DE 1].

During the hearing, I found that the statements made by the unknown eyewitness caller were sincere, and were made contemporaneously with events that were observed by Detective Corley. Based on the fact that the unknown eyewitness continued to provide contemporaneous information to the police in an effort to assist in the apprehension of the individual who was waving the gun, it is fair to conclude that she was motivated by performing her civic duty toassist law enforcement. Furthermore, as the statements of unknown caller sounded sincere and were corroborated by other evidence, I found that they were credible and reliable.

I also found Detective Corley's testimony to be coherent, comprehensive, and credible, and corroborated by the 911 Dispatch and radio traffic recordings. (Gov. Hrg. Ex. 1 & 2). I found Detective Corley to be credible based on his demeanor while testifying, the foundations he had for testifying to certain facts, and the consistency of his testimony with other evidence in the case.

III. Analysis and Conclusions

The Fourth Amendment to the United States Constitution guarantees the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. If a search is conducted without a warrant, the Government bears the burden of proving by a preponderance of the evidence that an exception to the warrant requirement existed at the time of the search. United States v. Taylor, 776 F.3d 513, 518 (7th Cir. 2015).

support insistence

While it is a considerable understatement to observe that the invention and widespread proliferation of the automobile has created significant challenges for courts in applying principles of constitutional jurisprudence, it has also been generally recognized that when the police stop a vehicle and detain the...