United States District Court, E.D. Pennsylvania
MEMORANDUM WITH FINDINGS OF FACT AND CONCLUSIONS OF
Following study of the Raheem Slone's Motion to suppress
evidence of a gun holster found on him on February 13, 2016,
the United States' Opposition, evaluating the credibility
of officers' testimony and exhibits during our March 10,
2017 suppression hearing, and post-hearing memoranda, we deny
Mr. Slone's Motion to suppress. We find the police
officers credibly described reasonable suspicion of criminal
conduct causing them to stop Defendant after a specifically
described but anonymous citizen described him moments earlier
as having a gun in a high crime area and then watching him
walk away from the patrol vehicle, kneel down and stash an
object taken from his right waistband into a sewer
immediately below him. The officers found the gun holster on
his body while securing and handcuffing him before placing
him in the patrol vehicle.
Findings of fact
Philadelphia Police Department employs Michael Hanuscin and
Jason Metzger as police officers.
Officer Hanuscin served approximately 8 years as a patrol
officer in the 24th Police District as of February
Officer Metzger served approximately 2 years as a patrol
officer on the 24 District as of February 13, 2016.
police department assigned Officers Hanuscin and Metzger to
work as patrol partners in the Kensington section of the
24th Police District as of February 13, 2016.
February 13, 2016, Officers Hanuscin and Metzger were on a
routine patrol in the area of 1800 East Somerset Street in
Officers testified they know this area as a high crime area
with open air drug sales, gun violence, and violent crime.
Routine Patrol means the officers travel in a marked police
cruiser wearing their Philadelphia Police Department
this February 13, 2016 night, Officer Metzger drove the
patrol car and Officer Hanuscin sat in the front passenger
Officer Metzger testified they were stopped at a red light at
the intersection of Kensington Avenue, Somerset Street and D
Street in their police cruiser at 12:20 A.M.
Officers were in the southbound lane of Kensington Avenue.
the intersection, a thin African-American woman unknown to
the Officers exited a bar door to the Officers' right and
approached the passenger side window of the marked police
cruiser. This unidentified woman stated "he's got a
gun" to Officer Hanuscin in front of other bystanders on
Officer Hanuscin observed the woman pointing and nodding with
her head towards a man, later identified during our
suppression hearing as Raheem Slone, walking across
Kensington Avenue on Somerset Street.
Officer Hanuscin testified the thin African-American woman
appeared frightened to him. Officer Metzger, in the
driver's seat, could not describe the woman.
Officer Hanuscin observed Mr. Slone look at the police
Officer Metzger testified he made a left onto Somerset Street
where Mr. Slone walked.
Officer Hanuscin then observed Mr. Slone cross to the north
side of 1800 East Somerset Street. Mr. Slone began walking
briskly towards the corner of Ruth and Somerset Streets,
approximately 100 yards away.
Officer Hanuscin observed Mr. Slone look at their police
cruiser several times while walking away.
While we have no evidence of exact time, Officers Hanuscin
and Metzger radioed for police backup.
When approximately to the corner of Ruth and Somerset
Streets, Officers Hanuscin and Metzger observed Mr. Slone
remove an object from his right side front waistband with his
Officer Hanuscin testified he saw Mr. Slone kneel down and
stash the object into the water run-off sewer on a corner of
the intersection of Ruth and Somerset Streets.
Approaching the intersection, Officer Metzger turned the
police car to a 45 degree angle to allow his headlights to
enlighten the area surrounding Mr. Slone.
Officers Hanuscin and Metzger then exited their police
cruiser and approached Mr. Slone.
Officer Metzger testified Mr. Slone took 2-3 steps back from
the sewer and the Officers.
Both Officers testified they ordered Mr. Slone to show them
his hands several times.
Slone did not comply with their commands and the Officer
Metzger testified he believed Mr. Slone was about to run
north on Ruth Street.
Officer Metzger testified he re-holstered his gun once he saw
both Mr. Slone's hands and confirmed he did not have a
Officer Hanuscin testified he re-holstered his gun once he
was close enough to physically apprehend Mr. Slone.
Officer Hanuscin reached out and grabbed Mr. Slone's
right hand and ...