United States v. Muadhdhin Bey
911 F.3d 139
| 3rd Cir. | 2018Background
- Around 10:00 p.m. officers stopped a Buick after a stop-sign violation; officers detected marijuana and removed the three occupants to search the car, recovering a gun from the rear-seat area after one occupant (Burke) fled.
- Front passenger Amir Robinson fled the scene; officers broadcast a description (Black male, red hoodie/jacket, ~6'0"–6'1", 160–170 lbs) and displayed a photo on patrol car MDTs.
- Officers Powell and Cherry, searching nearby (one block) for Robinson, saw Muadhdhin Bey exiting a nearby bar seconds after viewing Robinson’s MDT photo; Bey wore a red puffer jacket and black sweatpants.
- Bey was darker-skinned, older (32 v. 21), heavier (~200 lbs v. 160–170), and had a long beard — differences not reflected in the broadcast clothing description; officers drew guns and detained him; a handgun was recovered from Bey’s waistband.
- Bey moved to suppress the firearm, arguing the stop was unsupported by reasonable suspicion (description too generic) and that any reasonable suspicion dissipated once officers saw his face and significant physical differences from Robinson.
- The district court denied suppression, finding the initial stop supported by reasonable suspicion and that reasonable suspicion did not dissipate after Bey turned; the Third Circuit reverses as to the continued detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to make the initial Terry stop of Bey | Bey: broadcast description was too generic to justify stopping him | Gov: temporal/physical proximity to car stop, matching clothing, direction of flight, MDT photo, and high-crime area made the stop reasonable | Held: Initial stop was supported by reasonable suspicion |
| Whether reasonable suspicion dissipated after officers saw Bey’s face and features | Bey: marked differences (age, complexion, weight, long beard, not out of breath) dispelled suspicion and required release | Gov: differences were of questionable probative value because MDT photo shown to officers was not introduced at hearing | Held: Reasonable suspicion dissipated once officers could compare Bey to the suspect and saw obvious differences; continued detention violated the Fourth Amendment |
| Burden of proof at suppression hearing regarding continued detention | Bey: gov’t must prove continued reasonable suspicion by a preponderance | Gov: relied on testimony and radio/MDT information to justify continuation | Held: Government bears the burden and failed to prove by preponderance that Bey sufficiently resembled Robinson after officers viewed him |
| Whether recovered gun must be suppressed as fruit of unconstitutional seizure | Bey: gun recovered after unlawful continuation must be suppressed | Gov: seizure and recovery were lawful due to ongoing suspicion of armed suspect | Held: Because continued detention was unconstitutional, the gun must be suppressed; conviction vacated |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (Sup. Ct. 1968) (establishes investigatory stop standard of reasonable, articulable suspicion)
- United States v. Brown, 448 F.3d 239 (3d Cir. 2006) (Terry stop invalid where broadcast description was too generalized and “wildly wide of target”)
- United States v. Watson, 787 F.3d 101 (2d Cir. 2015) (continued detention unreasonable where close inspection revealed material differences from the wanted suspect)
- United States v. Arvizu, 534 U.S. 266 (Sup. Ct. 2002) (totality-of-circumstances test for reasonable suspicion)
- Rodriguez v. United States, 135 S. Ct. 1609 (Sup. Ct. 2015) (an investigative detention must end when reasonable suspicion dissipates)