Driver in Parked Car Was Seized by Police Cars Parked in Street; Police Lacked Reasonable Suspicion

US v. Williams: Williams and two others were in a parked white Mercedes in an apartment complex, with the parking spaces running perpendicular to the road that ran into the complex. Police received an anonymous 911 call (the details of which they received only through CAD reports) that identified the car and location and alleged that drugs were being sold, while also giving the call “normal” priority and noting there was no allegation that weapons had been seen. Police responded in two marked cars, although without lights or sirens running. One parked on the roadway in front of the Mercedes and the officers approached the car. The officers smelled marijuana and Williams, in the driver’s seat of the Mercedes, confirmed they had been smoking. Officers searched the car, finding firearm, which Williams admitted was his. Williams unsuccessfully moved to suppress the gun an was convicted of being a felon in possession of a firearm at a bench trial.

 On appeal, a divided Fourth Circuit reversed the denial of Williams’ motion to suppress. First, the court concluded that there had been a seizure when the police arrived and parked in such a way as to limit Williams’ ability to leave. While it was theoretically possible for Williams to pull out and drive away (and the officers testified they would have let him), it was impractical, given the spatial relationship of the vehicles. As a result, a reasonable person in Williams’ position would not have felt free to leave. Second, the court held that the officers lacked reasonable suspicion to make the seizure based on the 911 call. The anonymous call did not provide the kind of predictive details that indicated its reliability and the court rejected the Government’s reliance on Navarette, distinguishing it on numerous grounds. As a result, the motion to suppress should have been granted.

Judge Rushing dissented, arguing that the district court’s conclusion that no seizure had taken place was “well-supported.”

Congrats to the Defender office in WDNC on the win!