Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Archie

United States District Court, E.D. Pennsylvania

May 17, 2017

UNITED STATES OF AMERICA
v.
KEVIN JAMELLE ARCHIE, Defendant.

          ORDER

          Slomsky, J.

         I. INTRODUCTION

         Before the Court is Defendant's Motion to Suppress Physical Evidence (Doc. No. 20). In the Motion, Kevin Jamelle Archie (“Defendant”) asserts a Fourth Amendment challenge to his personal seizure by the Government and the seizure of a Glock Model 17, nine millimeter semiautomatic handgun (the “firearm”). Defendant asserts that the firearm must be suppressed because Philadelphia Police Officer Anthony Agudo lacked the necessary reasonable suspicion to stop and seize him, and that the finding and seizure of the firearm was the fruit of his illegal seizure.

         The Government filed a Response in Opposition to Defendant's Motion to Suppress Physical Evidence (Doc. No. 27), and the Court held a hearing on the Motion on April 18, 2017. For reasons that follow, the Court finds that the seizures of Defendant and the firearm were lawful. Accordingly, Defendant's Motion to Suppress (Doc. No. 20) will be denied.

         II. FACTUAL FINDINGS

         Defendant Kevin Jamelle Archie is charged with possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). (Doc. No. 9.) The seizures occurred on September 10, 2016 and an evidentiary hearing on the Motion was held on April 18, 2017. At the hearing, the Government presented the testimony of Philadelphia Police Officers Anthony Agudo and Officer Keven Creely.

         Officer Agudo testified that he has been a uniform patrol officer with the Philadelphia Police Department in the 24th District for about two years. (Doc. No. 33 at 7.) On September 10, 2016, he was working two shifts, back-to-back, from 4:00 p.m. to 4:00 a.m. (Id.) That night, he was in a patrol car with Officer Creely, who was driving. (Id. at 8.) At approximately 12:20 a.m., the officers received a radio call informing them that a person with a gun was at the intersection of Frankford and Pacific. (Id. at 9.) The person was described as “a black male, 5-7, wearing a grey tank top and black shorts.” (Id.) Officer Agudo testified that at the time he did not know where that information came from, just that they received it from the dispatcher. (Id.) Their patrol car left headquarters at 3901 Whitaker Avenue, and the officers went straight to the location identified in the radio call. (Id.)

         Once the officers arrived at the location noted in the radio call, they saw two black males, one of which fit the description of the person in the radio call. (Id. at 10.) At the hearing, Officer Agudo identified Defendant Archie as the male he determined fit the description of the person referred to in the radio call. (Id.) Officer Agudo next testified as follows:

Q: And what was [Defendant] doing when you first saw him?
A: [When] I first saw him it appeared that he looked towards our direction as we were coming up northbound on Frankford Avenue and then he began to walk eastbound with that male that he was with and they walked eastbound on the northbound sidewalk.
* * *
Q: And, once you saw them walking eastbound, what happened then?
A: At that time, my partner made a right hand turn, so we went eastbound on 2000 Pacific, saw that he was matching the flash information given to us by the police radio, I got out --
Q: When you say “he”, who are you talking about?
A: The defendant.
Q: Thank you.
A: So, at that time, I exited the patrol car and I went around back as my partner kept moving forward eastbound, like, following the defendant.

(Doc. No. 33 at 12-13.)

         Officer Agudo then saw that the two men had split up. The second man, also a black male, walked eastbound on the northbound sidewalk, while Defendant “went in-between two parked vehicles” on the northbound sidewalk. (Id. at 13.) Argudo saw Defendant drop a black metallic object. The officer heard it fall. (Id.) When asked about Defendant's body position as he placed the object on the ground, Officer Agudo stated: “It appeared that he just, like, bent down a little bit, as he was looking towards the -- in the direction of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.