United States v. Alston

1

UNITED STATES OF AMERICA, Plaintiff, v. DAJUNATAE ALSTON also known as DEJUNTATE ALSTON, Defendant.

CRIMINAL No. 2:21-cr-29-1

United States District Court, W.D. Pennsylvania

June 13, 2022

MEMORANDUM OPINION

WILLIAM S. STICKMAN IV, UNITED STATES DISTRICT JUDGE

Defendant Dajunatae Alston (“Alston”) filed a Motion to Suppress Evidence arguing that the stop of the vehicle he was driving was unlawful, his detention was not supported by reasonable suspicion or probable cause, and the evidence recovered from his person and the vehicle was the result of an unconstitutional warrantless search.^[1] (ECF No. 38). The Government filed a Response arguing that the initial stop of the vehicle was supported by reasonable suspicion because Alston was driving with a suspended driver's license. Further, it argued that the detention of Alston was reasonable, and the officers lawfully searched Alston and the vehicle. (ECF No. 48). The Court held an evidentiary hearing on Alston's motion, and the parties were given the opportunity to submit additional briefing afterwards, which they did. (ECF Nos. 59, 63 and 64).

Alston now concedes that the officers “were justified in pulling [him] over for driving with a suspended license.” (ECF No. 62, p. 4). He only argues that the search of his person after he was removed from the vehicle was illegal, and everything that was obtained thereafter - from his person and the vehicle - should be suppressed. (ECF No. 62, pp. 4-5). After careful consideration of the record, the evidence, and the parties' arguments, the Court will deny Alston's suppression motion for the following reasons.

I. Relevant Facts^[2]

On April 22, 2020, at approximately 7:28 p.m., City of Pittsburgh Zone 5 Detectives Lucas Burdette (“Detective Burdette”) and Nathan Dettling (“Detective Dettling”), members of the Violence Prevention and Intelligence Unit, ^[3] were traveling in their unmarked police car on Lincoln Avenue. From an intersection, they observed Alston in the driver's seat of a vehicle parked on Deary Street. (ECF No. 59, pp. 9-13, 15, 69-71, 93, 96-97, 99 123); (Government Exhibit 1). Both detectives had had an unobstructed view of Alston through the front windshield. It was a clear, although overcast, day. (ECF No. 59, pp. 16, 99-100, 106).

Alston was known to the detectives for a number of reasons. First, they had numerous encounters with Alston. (Id. at p. 125). Second, they knew he lived in the Lincoln-Lemington neighborhood and, more specifically, near Deary Street. (Id. at pp. 17, 100, 126). Third, they knew he was a member of a Lincoln-Lemington gang called GMR. (Id. at p. 108). Fourth, they knew Alston did not have a valid driver's license. (Id. at pp. 17, 96-97, 123-24). Fifth, they knew Alston was someone who was involved in criminal activity and known to carry firearms.^[4]

After noticing Alston, the detectives turned right onto Deary Street. They passed Alston in the parked vehicle (a black Hyundai Tucson), and Detective Dettling turned their vehicle around in order to approach behind Alston's vehicle for a more “tactically advantageous position to initiate a traffic stop.” (Id. at pp. 11-12, 14, 16, 18, 73-74, 96-97); (Government Exhibit 1). Detective Dettling saw Alston look into his rear-view mirror, sit up straight in his seat, and quickly look around to the left and right. (ECF No. 59, pp. 101, 103, 123-24). Alston then began to drive the vehicle and essentially drove around the block (i.e., put on his turn signal, turned right onto Lincoln Avenue after the light turned green, turned right onto Rowan Street, turned right onto Grapevine Street, and then turned right to return to Deary Street). He ultimately ended up in the original spot where he was first noticed by the detectives. (Id. at pp. 14, 19-20, 101-04); (Government Exhibit 1).

At some point, Detective Burdette activated his body camera.^[5] The detectives did not immediately stop Alston because it was their standard operating procedure to use their in-car computer to run vehicle registration and confirm a driver's status. They wanted to ensure that they were correct that Alston did not possess a valid driver's license. This was being done as they followed Alston around the block. (ECF No. 59, pp. 19-21, 23-24, 62-68, 74-75, 104, 141); (Government Exhibits 9 and 14). The detectives followed a few vehicle lengths behind the Hyundai Tucson and no other vehicle came in between. (ECF No. 59, pp. 22, 103). Detective Burdette determined that the Hyundai Tucson was registered to Jasmine Diane Hamm (“Hamm”) and that Alston did not possess a valid driver's license.^[6] (Id. at pp. 23, 28-29, 40, 123, 174-75, 177-79, 187-88, 192-93); (Government Exhibits 2, 9, 10, and 14). Ultimately, the detectives activated their police vehicle's lights within two to three minutes of positioning their vehicle behind the Hyundai Tucson; it was approximately 7:30 p.m. (ECF No. 59, pp. 20-21, 76, 105); (Government Exhibits 2 and 14).

When the vehicles turned right off of Grapevine Street onto Deary Street, Detective Burdette noticed Alston “frantically reaching around the interior of the vehicle towards [ ] the passenger side of the inside of the vehicle.” (ECF No. 59, pp. 22, 24-25, 76-77). Although the back of the Hyundai Tucson's windshield was tinted, the outline of Alston's body and his movements were clearly visible to the detectives. (Id. at pp. 22-23, 77, 102, 106, 146-47). Detective Dettling observed Alston rise in his seat-his right shoulder rose higher than his left- and then he sat back down, leaned over towards the front passenger floorboard with his right shoulder out of sight, and then sat back up. (Id. at p. 102, 141-42). The detectives had seen Alston with guns in the past and knew him to carry guns. Based on their training and experience, Alston's movements were consistent with someone trying to conceal a weapon, and they were concerned.^[7] (Id. at pp. 25, 77, 90-91, 106-07, 128-29). Their observations were made as they were pulling to the curb, activating their vehicle's emergency lights, and coming to a stop behind the Hyundai Tucson. (Id. at pp. 104, 129).

Detective Burdette exited the police vehicle and approached the Hyundai Tucson stating, “Dajunatae. Hands, hands, hands!” Meanwhile, Detective Dettling stated as he approached, “Stop reaching around, Dajunatae, ” and he directed Alston to put his hands on the steering wheel. (Id. at pp. 24, 105-06); (Government Exhibit 2 at 0:30-0:45). Alston received a call on his cellular phone and it was ringing. Alston was asked to put his phone down and step out of the vehicle. Alston complied. Detective Dettling escorted Alston out of the vehicle and grasped his right arm/wrist. As he did so, Detective Dettling noticed that the car smelled of freshly burnt marijuana, a smell with which he was familiar based on his training and experience. Detective Burdette then grabbed Alston's hands to prevent him from reaching into the vehicle and possibly grabbing a weapon or gun. Detective Burdette asked if Alston had a gun on his person because of the way Alston was moving, his agitated state, the fact that he saw Alston with guns before, and for the safety of himself and everyone involved. They informed Alston that his license was suspended. Detective Dettling also noticed Alston's behavior to be abnormal from how he typically interacted with them. Alston was very excited, his hands were trembling, he was breathing rapidly, and he wanted to make a phone call. To Detective Dettling, Alston seemed scared. Detective Burdette then placed Alston in handcuffs and brought him to the rear of the Hyundai Tucson to separate him from any weapons possibly in the vehicle. Alston was again told that a traffic stop was initiated because his driver's license was suspended. Detective Burdette tried to get Alston to calm down. Alston wanted to get the owner of the Hyundai Tucson, Hamm, who resided in the corner house near where the vehicle was stopped. Detective Burdette knew this having run the Hyundai Tucson's registration, and he informed Alston that there was no reason to get Hamm. (ECF No. 59, pp. 26-29, 38, 78, 85, 87, 108-09, 112, 129-30, 143; (Government Exhibit 2 at 0:35-1:53).

Meanwhile, Detective Dettling told Alston that the vehicle reeked of marijuana, and he asked if Alston had any weapons.^[8] (ECF No. 59, pp. 26, 30-31, 112-13); (Government Exhibit 2 at 1:45-1:56). Detective Burdette added, “Yeah. You've got a scale on you too.” (ECF No. 59, pp. 31-33). Detective Burdette observed the scale when Alston stepped out of the vehicle.^[9]Alston was wearing an unzipped loose hooded sweatshirt with open loose pockets that were easy to see inside. In Alston's left pocket, Detective Burdette had an unobstructed view of what he knew, based on his training and experience, to be a digital scale. Alston claimed that he did not know that he “had that shit in his pocket.” Detective Burdette retrieved the scale from the left pocket of Alston's sweatshirt and opened it to see if it contained drug residue. (Id. at pp. 34-35, 87-88, 113).

At the same time, Detective Dettling noticed an unnatural bulge on the right side of the groin area of Alston's pants, and stated, “There's something there ... I can see that.” (Id. at pp. 113, 147); (Government Exhibit 2 at 2:00-2:15). He then patted the bulge in Alston's pants. Upon touching it, Detective Dettling knew it to be packaged marijuana - it felt like marijuana buds which he handles daily. Alston asked if the detectives wanted him to take it out, and Detective Burdette told him no, and to wait. The detectives wanted more backup officers on the scene before Alston retrieved anything from his groin area. (ECF No. 59, pp. 37, 38, 114, 14849); (Government Exhibit 2 at 2:00-2:25). In the...