Jackson v. United States
2012 D.C. App. LEXIS 629
| D.C. | 2012Background
- Appellant Tyrone Jackson pled guilty conditionally to possession with intent to distribute cocaine after a stop for suspected illegal window tinting and a warrantless search of the van.
- Officer Norris observed a heavily tinted white Maryland-registered van late at night in a high-drug area and stopped it for tinting violations.
- Upon approach, Norris saw the occupants switch seats and notice movement in the dash area; he suspected possible weapon access and ordered Jackson to exit the vehicle.
- A frisk of Jackson revealed no weapons; after Jackson was placed in a cruiser, another officer searched the front of the van and found cocaine in the steering wheel horn area.
- The trial court denied suppression, holding there was reasonable articulable suspicion to search for weapons under Long, despite Gant since no arrest had yet occurred.
- Jackson appealed, arguing the search violated the Fourth Amendment for lack of reasonable suspicion and for exceeding Long’s scope; the district court’s reasoning was reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers had reasonable suspicion that Jackson was armed and dangerous | Jackson | Norris | No; suspicion insufficient to justify a frisk |
| Whether the search complied with Michigan v. Long or Arizona v. Gant | Jackson | Norris | Long justified protective search; Gant not controlling in no-arrest scenario |
| Whether tint and other factors adequately supported the stop and search | Jackson | Norris | Tint and other factors did not, collectively, create reasonable suspicion |
Key Cases Cited
- Michigan v. Long, 463 U.S. 1032 (U.S. 1983) (protective search when officer reasonably believes suspect dangerous)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits vehicle searches incident to arrest)
- United States v. Spinner, 475 F.3d 356 (D.C.Cir. 2007) (furtive gestures must be linked to weapon threat by additional facts)
- Powell v. United States, 649 A.2d 1082 (D.C. 1994) (furtive movements alone rarely justify a frisk)
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (totality of the circumstances standard for reasonable suspicion)
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (totality of circumstances in reasonable suspicion analysis)
- James v. United States, 829 A.2d 963 (D.C. 2003) (furtive movement context matters to suspicion)
- United States v. Green, 465 F.2d 620 (D.C.Cir. 1972) (gesture-based suspicion depends on context)
- In re D.E.W., 612 A.2d 194 (D.C. 1992) (case-specific evaluation of furtive gestures)