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appealtrialmotionseizurejury trial
hearingtrialmotionappellantseizure

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Crews v. United States, 263 A.3d 128

Facts

Harry Crews was convicted after a jury trial for carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. The conviction stemmed from an incident where police officers approached him as he was trying to unlock the door to his apartment. The officers observed him behaving suspiciously and, after a brief interaction, seized him and discovered a firearm in his pocket. Crews argued that he was unlawfully seized before the officers had reasonable suspicion to conduct a frisk.

On February 4, 2019, the trial court held a pretrial evidentiary hearing to address appellant's motion to suppress a pistol recovered by MPD.

Issue

Did the police officers unlawfully seize Harry Crews before they had reasonable suspicion to conduct an investigatory stop?

Appellant argues that the trial court incorrectly determined the point of seizure and that he was unlawfully seized by Metropolitan Police Department (“MPD”) officers while on the landing to his apartment as he tried to unlock his apartment door.

Rule

A consensual encounter with law enforcement does not require suspicion, while an investigative detention must be supported by reasonable, articulable suspicion of criminal activity. A seizure occurs when a reasonable person would not feel free to decline the officers' requests or terminate the encounter.

A constitutionally permissible encounter between law enforcement and an individual can either be a 'consensual encounter, which does not require any level of suspicion prior to initiation'; an 'investigative detention, which if nonconsensual, must be supported by a reasonable, articulable suspicion of criminal activity prior to initiation'; or an 'arrest, which must be supported by probable cause prior to initiation.'

Analysis

The court found that the trial court did not adequately determine whether the encounter between Crews and the police was consensual or if it constituted a seizure. The court noted that the totality of the circumstances, including the officers' conduct and Crews' response, needed to be assessed to determine if there was a show of authority and whether Crews submitted to that authority. The court emphasized the need for further findings regarding the nature of the encounter and the officers' reasonable suspicion.

We determine that is it unclear from the trial court's ruling whether the encounter was consensual because no findings were announced concerning if there was a show of authority and, if so, whether appellant submitted to authority.

Conclusion

The Court of Appeals vacated the trial court's denial of the motion to suppress and remanded the case for further findings regarding the nature of the encounter and the officers' reasonable suspicion.

Therefore, the trial court's denial of appellant's motion to suppress is vacated and the case is remanded for further findings.

Who won?

Harry Crews prevailed in the appeal as the court vacated the trial court's decision and remanded for further findings.

We hold that the trial court's ruling on the motion to suppress is insufficient and further findings are to be made concerning whether there was a show of authority, and if so, whether appellant submitted to the authority.

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