Documents and Incidents Tagged "Judge Johanna L. Fitzpatrick"

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    Incident Commonwealth-v-Lockett-Appeal

    Date Oct 21, 2001
    Time 08:30 PM
    Report # Commonwealth-v-Lockett-Appeal
    Department Richmond Police Department
    Officers Robert Sprinkle
    Description

    "On the evening of October 21, 2001, Officers Chuck Howell (Howell) and Robert Sprinkle (Sprinkle) of the Richmond City Police Department... as members of the drugs and weapons unit... arrived at the Creighton Court apartment complex at approximately 8:30 p.m. as part of an effort to surprise 'anyone who was dealing drugs' in the neighborhood, which was 'known for its numerous drug activities.'

    They parked at the southern end of the complex and were walking north when they noticed a group of individuals in a 'cut' between two apartment buildings...

    Howell [said that he] suspected that a drug transaction 'was going to occur or had occurred.'

    However, neither officer saw any drug activities or exchanges.

    Howell and Sprinkle continued walking toward the group. At that point, defendant 'looked in [the officers'] direction' and immediately 'took off running' in the opposite direction...

    Howell yelled at defendant to stop, and he 'got on the ground.'

    Sprinkle handcuffed defendant and did a 'pat down' search for weapons.

    No weapons or drugs were found at that time.

    Howell did not tell defendant that he was under arrest, and Sprinkle told defendant 'you're not under arrest, [you're] under investigative detention until we can figure out . . . what's going on...'

    Sprinkle arrested him for trespassing and in a search incident to the arrest found drugs and a cellular telephone.

    The trial court ruled:

    'I understand why the officers did what they did. But . . . [u]nder the evidence that has been presented to this Court, I do not find the facts to rise to a reasonable articulable suspicion that a crime has occurred or even that a crime is about to occur, and I grant the motion to suppress."

    The Commonwealth appeals this ruling.
    Address Creighton Court Apartments (RRHA Public Housing Unit) between 2100 block of Creighton Rd. and Fairfield Ave.
    Richmond, VA
    Tags Richmond Police  | Memorandum Opinion  | Richmond  | City of Richmond Circuit Court  | Court of Appeals of Virginia  | Judge Johanna L. Fitzpatrick  | Robert Sprinkle  | Chuck Howell  | Creighton Court  | Drugs and Weapons Unit  | Terrence Linwood Lockett  | Terry Stop  | Unlawful Search  | Trespassing  | Appeals  | Suppression Order  | Affirmed  | East End  | RRHA  |