People v. Fredericks
2011 V.I. LEXIS 1
Superior Court of The Virgin I...2011Background
- Officers Brooks and Liburd received an anonymous shots-fired report in Garden Street, St. Thomas, early morning February 28, 2010.
- Approximately 25–30 minutes later they encountered a group, including Fredericks, on Nye Strade and stopped them with weapons drawn.
- All individuals were ordered to lie on the ground and were pat-searched for safety, though none were alleged to be committing crimes at that time.
- Fredericks voluntarily stated he had a gun; he lacked a license to carry a firearm; a .22 revolver was recovered with two discharged rounds; Miranda rights were read.
- The other individuals were released after searches; the court analyzes the stop under Virgin Islands Code § 488 and the Fourth Amendment.
- Court grants suppression, finding no reasonable suspicion to stop Fredericks and that the stop violated VI law and the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VI § 488 authorized the stop and frisk | Fredericks argues § 488 permits limited frisk only with a reasonable belief and justification. | People contend the officers acted within § 488 to assess firearm possession and safety. | Stop not justified under VI § 488. |
| Whether the initial stop violated the Fourth Amendment | Fredericks contends there was no reasonable suspicion to stop. | People rely on Terry to justify a brief stop based on reasonable suspicion in a firearm investigation. | Stop violated the Fourth Amendment; no reasonable suspicion. |
| Whether exclusionary rule applies given VI § 488 violation | Evidence obtained in violation should be excluded under the exclusionary rule. | VI § 488 lacks explicit exclusionary provision; remedy should follow Fourth Amendment grounds. | Exclusionary rule applied because Fourth Amendment violation. |
Key Cases Cited
- Terry v. Ohio, 379 U.S. 1 (U.S. 1968) (establishes reasonable suspicion standard for stop and frisk)
- Brown v. Texas, 443 U.S. 47 (U.S. 1979) (requires reasonable suspicion, not mere presence in high-crime area)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (privacy expectations and searches; antithesis to trivial searches)
- United States v. Williams, 413 F.3d 347 (3rd Cir. 2005) (definition of reasonable suspicion and stop analysis)
- Schweiker v. Hogan, 457 U.S. 569 (U.S. 1982) (prefer statutory-first approach to avoid constitutional questions)
- United States v. Murray, 53 V.I. 831 (D.V.I. 2010) (Virgin Islands Fourth Amendment considerations)
- United States v. Abdi, 463 F.3d 547 (6th Cir. 2006) (Fourth Amendment stop and frisk standards)