Automated Summary
Key Facts
Rayvon Applewhite moved to suppress evidence of a gun seized by Metropolitan Police Department officers after a street stop in Northeast D.C. on an afternoon in July 2025. Officers observed Applewhite conducting a 'security check' at his waist while wearing a letterman jacket wrapped around his waist. When asked if he had weapons, Applewhite denied having any and showed only his phone. Officer De'Plour then observed a holster clip attached to Applewhite's waistband, stopped him, and conducted a protective search during which a gun was found in the holster. The court denied Applewhite's motion to suppress, concluding the officers had reasonable suspicion based on the totality of circumstances including the high crime area, the security check behavior, and Applewhite's denial about weapons.
Issues
- The court examined whether the officers had reasonable, articulable suspicion to justify the seizure and search, considering factors including the high crime area, Applewhite's security check behavior, his false denial about weapons, and the visible holster clip.
- The court addressed when Applewhite was seized under the Fourth Amendment, determining whether the seizure occurred when officers approached him and asked questions, or when Officer De'Plour cut in front of him, held his arm, and ordered him to stop.
Holdings
The court denied the defendant's motion to suppress a firearm seized during a street stop, finding that officers had reasonable suspicion to stop Applewhite based on his 'security check' behavior, the high-crime area, and his false statement denying having weapons when questioned. The court also found reasonable suspicion to conduct a protective search when officers observed a gun holster clip on Applewhite's waistband after he denied having weapons.
Remedies
The court denied Applewhite's motion to suppress the gun seized from him, holding that the officers had reasonable suspicion for the stop under the Fourth Amendment.
Legal Principles
The Fourth Amendment protects against unreasonable searches and seizures. A seizure occurs when physical force is used to restrain movement or when a person submits to an officer's show of authority. Officers may briefly detain a citizen if they have reasonable, articulable suspicion that criminal activity may be afoot. Incident to such a stop, police may conduct a protective search for weapons if they possess articulable suspicion that an individual is armed and dangerous. The court examines the totality of the circumstances, considering only the facts available to the officer at the moment of the seizure.
Precedent Name
- United States v. Atchley
- United States v. Bryant
- United States v. Delaney
- United States v. Green
- United States v. Lloyd
- United States v. Wood
- United States v. Castle
- United States v. Zanders
- United States v. Taylor
- United States v. Adebanjo
- Illinois v. Wardlow
- United States v. Brodie
- United States v. Gross
- United States v. Jones
- California v. Hodari D.
- United States v. Edmonds
- Minnesota v. Dickerson
- United States v. Carrasquillo
- Terry v. Ohio
- United States v. Dykes
Cited Statute
United States Code Title 18
Judge Name
Judge Amir H. Ali presiding over the case
Passage Text
- The court denies Applewhite's motion to suppress evidence.
- The officers had reason to believe Applewhite was carrying a gun unlawfully because he lied to them about it.
- The officers seized Applewhite when Officer De'Plour cut in front of him, held his arm, and said 'stop' multiple times.