Tony Armstrong & Floyd Joiner v. United States
2017 D.C. App. LEXIS 198
| D.C. | 2017Background
- Two armed robberies of street cigarette vendors occurred minutes apart on Feb. 12, 2013 (Prince ~12:05 pm; Whitaker ~12:12 pm). Witnesses reported a white four-door sedan and two black male suspects; lookouts variously described a possible Mercury Sable, tinted windows, clothing, and direction of flight.
- Officers located a white 1998 Chevrolet Lumina with three men (Armstrong, Joiner, Buckmon) roughly 3–5 minutes after the Whitaker robbery and about eight blocks away; the vehicle was followed and stopped; occupants were removed and handcuffed.
- During a warrantless search of the vehicle after removal, police found Whitaker’s backpack and a packaged BB gun; show-ups followed and Prince identified Armstrong and Joiner; Whitaker did not identify anyone at the scene.
- Armstrong and Joiner were tried for conspiracy, robberies, and firearm offenses; convicted for the Whitaker robbery and related counts, acquitted for the Prince robbery; Buckmon was later acquitted.
- Appellants moved to suppress the evidence seized from the stop/search, arguing the Terry stop lacked particularized reasonable suspicion because the lookouts were generalized; the trial court denied suppression; on appeal the court reversed Armstrong’s conviction and reversed-and-remanded Joiner’s.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop of vehicle satisfied Fourth Amendment particularized reasonable suspicion for Terry stop | Appellants: lookouts (race + generic white sedan) were too generalized; stop was a dragnet lacking particularity | Government: close temporal/spatial proximity to robberies, subsequent lookout (Whitaker) and matching vehicle description gave reasonable suspicion | Stop lacked particularized reasonable suspicion; suppression required |
| Whether temporal/spatial proximity to robberies justified the stop despite generalized description | Appellants: high noon, busy area, many similar cars; 15 minutes from Prince robbery makes universe large | Government: second lookout narrowed universe; appellants were spotted 3–5 minutes after Whitaker robbery and within blocks | Proximity plus imperfect description insufficient here; generalized lookout at midday in busy area not enough |
| Whether evidence from vehicle search (backpack, BB gun) and show-ups should be suppressed | Appellants: fruits of illegal seizure and search; identifications tainted | Government: evidence admissible because stop was reasonable and show-ups reliable | Court suppressed vehicle evidence because stop unlawful; identifications excluded as fruits; Armstrong’s conviction reversed entirely; Joiner’s conviction remanded (not necessarily insufficient) |
| Whether reversal is harmless or requires remand for Joiner | Appellants: suppression removes critical evidence; conviction cannot stand | Government: Officer Brown’s in-court ID and Whitaker’s testimony could sustain Joiner’s conviction | For Armstrong: reversal (insufficient remaining evidence). For Joiner: reversal and remand for further proceedings |
Key Cases Cited
- Morgan v. United States, 121 A.3d 1235 (D.C. 2015) (reasonable-suspicion standard for Terry stops)
- In re T.L.L., 729 A.2d 334 (D.C. 1999) (generalized descriptions insufficient absent close proximity)
- In re A.S., 614 A.2d 534 (D.C. 1992) (rejecting dragnet seizures based on broad lookouts)
- United States v. Turner, 699 A.2d 1125 (D.C. 1997) (imperfections in description may be offset by immediate proximity)
- Umanzor v. United States, 803 A.2d 983 (D.C. 2002) (totality of circumstances factors that can justify stop)
- Groves v. United States, 504 A.2d 602 (D.C. 1986) (vehicle-stop justified where additional corroborating facts existed)
- Cartnail v. State, 753 A.2d 519 (Md. 2000) (make/color description alone does not permit stopping broad classes of vehicles)
- Bennett v. United States, 26 A.3d 745 (D.C. 2011) (proximity and other facts required to sustain a generalized lookout)