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U.S. v. BROADUS

September 13, 2005.

UNITED STATES OF AMERICA
v.
KEDREN BROADUS.



The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Findings of Fact

1. On February 10, 2005, City of Pittsburgh Police Officers Robert Pires (Officer Pires) and Robert Kavals (Officer Kavals) were working in plain clothes capacity and driving an unmarked car in the Homewood section of the City of Pittsburgh.

  2. Because the Homewood section of Pittsburgh is a high crime and drug trafficking area, Officer Pires and Kavals were dispatched to that area, where their routine patrol focused on narcotics, guns and other types of violations.

  3. Officer Kavals has nine years of experience as a City of Pittsburgh Police Officer. In his nine years as a police officer, Kavals has made approximately 300 drug arrests, with over 80% involving crack cocaine.

  4. Officer Pires has twenty-three years of experience as a City of Pittsburgh Police Officer, has worked as a narcotics detective for eleven years, and has been involved in several thousand drug arrests, including those involving crack cocaine.

  5. On the evening of February 9, 2005, Bryan Otic Mickens (Mickens) received a telephone call from defendant to inquire about Mickens giving him a ride to Westmoreland County.

  6. At approximately 12:18 a.m., Mickens was driving a maroon Oldsmobile with defendant in the front passenger seat and Anthony Giles (Giles) in the rear passenger seat.

  7. At that same time, Officers Kavals and Pires were traveling south on Brushton Avenue when they observed a maroon Oldsmobile sedan in front of them that failed to stop at a stop sign posted at the intersection of Brushton Avenue and Monticello Street.*fn1

  8. The offices continued to follow the Oldsmobile, which stopped at the next posted stop sign beyond the intersection of Brushton Avenue and Monticello Street. The officer then observed the Oldsmobile's vehicle registration sticker, which showed an expired registration of January 2005.

  9. The officers then continued to follow the Oldsmobile for approximately two to three minutes, during which time Officer Pires contacted the City of Pittsburgh Police indexing with the vehicle registration information, which confirmed that the vehicle was registered to Mickens and that the registration expired in January 2005.*fn2

  10. Meanwhile, Mickens made a left turn onto Frankstown Avenue off of Brushton, continued eastbound away from the center of Homewood, made a right turn onto Tokay Street, and made a left turn onto Frankstown Avenue. 11. "Failure to Stop at a Posted Stop Sign" and "Driving an Unregistered Vehicle" are violations of the Pennsylvania Motor Vehicle Code at 75 Pa.C.S. § 3323(b) and 75 Pa.C.S. § 1301(a), respectively.

  12. At approximately 12:21 a.m., the officers initiated a traffic stop of the Oldsmobile in the area of 8326 Frankstown Avenue.

  13. Upon stopping the Oldsmobile, the officers put a call out over the police radio that a traffic stop was being conducted involving more occupants in the stopped vehicle than the number of police officers on the scene.

  14. Officer Pires exited the passenger side of the blue Lumina and approached the driver's side of the Oldsmobile. He requested that Mickens, the driver of the vehicle, turn off his engine, and Mickens complied.

  15. Officer Kavals remained in the vehicle and once Officer Pires signaled that the vehicle had been turned off, Officer Kavals then ...


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