Parsons v. United States
15 A.3d 276
D.C.2011Background
- Parsons was convicted of possession of cocaine under D.C. Code § 48-904.01(d).
- Det. Humberson conducted a stop/search based on an informant tip about a narcotics violation in the 300 block of Livingston Terrace, SE.
- The cocaine was found tucked in Parsons's left sock during the search.
- Humberson admitted he did not personally know the informant’s reliability; the informant’s handler was Detective Freeman.
- The trial court relied on the collective knowledge doctrine to justify the stop/search without direct evidence of the informant’s reliability.
- The appellate court held the error was not harmless and reversed and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was supported by probable cause based on an informant tip. | Parsons; Parsons | Parsons; Humberson lacked informant reliability | Reversed; suppression error not harmless; remanded for new trial |
Key Cases Cited
- Simmons v. United States, 999 A.2d 898 (D.C.2010) (objections to evidence must be raised pretrial unless notice not possible)
- Tindle v. United States, ? (D.C.2001) (fairly apprised standard for avoiding plain error)
- Chapman v. California, 386 U.S. 18 (Supreme Court 1967) (harmless error standard)