People v. Murrell
2012 V.I. Supreme LEXIS 52
Supreme Court of The Virgin Is...2012Background
- People appeal an order suppressing evidence from a December 18, 2010 stop-and-frisk near a St. Thomas nightclub.
- Murrell was charged with gun and ammunition offenses under Virgin Islands law.
- Suppression hearing July 19, 2011 involved a single witness, Officer Bernard Douglas Jr., describing the stop.
- Superior Court, relying on Ubiles and Lewis, suppressed the firearm, ammunition, and statements.
- People sought immediate appeal under 4 V.I.C. § 33(d)(2); certification issue and timing issues arose.
- Court ultimately affirmed the suppression order but reserved broader questions about Ubiles/Lewis and § 488.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was properly certified under § 33(d)(2). | People contend certification may be by Assistant AGs. | Murrell argues certification must be by the Attorney General personally. | Certification sufficient despite lack of AG signature. |
| Whether the Attorney General conducting the prosecution must personally sign. | People argue delegation to assistants is permissible. | Murrell argues personal signing required. | Delegation permitted; August 26, 2011 notice adequate. |
| Whether stop-and-frisk was lawful under Ubiles and Lewis. | People rely on Ubiles/Lewis to support seizure. | Murrell argues Ubiles/Lewis control; no license evidence showed unlicensed firearm. | Stop-and-frisk unlawful under Ubiles/Lewis; suppression affirmed. |
| Whether section 488 or related local law could justify a stop for firearms. | People emphasize 23 V.I.C. § 488 as authority for firearms inquiry. | Murrell questions scope and applicability under Ubiles/Lewis. | Court declines to resolve broader § 488 issue; affirms on plain-error analysis. |
Key Cases Cited
- United States v. Ubiles, 224 F.3d 213 (3d Cir. 2000) (limits on Terry stops where firearm possession is not per se illegal under local law)
- United States v. Lewis, 672 F.3d 232 (3d Cir. 2012) (distinguishes Ubiles; discusses local Virgin Islands firearm licensing presumption)
- United States v. Gatlin, 613 F.3d 374 (3d Cir. 2010) (stop-and-frisk based on tip; territorial firearm licensing considerations)
- United States v. Valentine, 232 F.3d 350 (3d Cir. 2000) (Terry stop considerations in firearms context (Virgin Islands))
- United States v. McKie, 112 F.3d 626 (3d Cir. 1997) (government burden to prove lack of license for firearm)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (considerations for suppressing statements after unlawful seizure)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (factors weighing whether to suppress statements)
- King, 31 V.I. 78 (V.I. Super. Ct. 1995) (pre-Ubiles discussion of § 488 and firearm possession)