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Jenkins v. United States

Court of Appeals of Columbia District

February 2, 2017

Deangelo Jenkins, Appellant,
v.
United States, Appellee.

          Argued October 26, 2016

         On Appeal from the Superior Court of the District of Columbia Criminal Division

         Appeal from the Superior Court of the District of Columbia (CF2-137-15) Hon. Neal E. Kravitz, Trial Judge

          Justin Murray, Public Defender Service, with whom Samia Fam and Mikel-Meredith Weidman, Public Defender Service, were on the brief, for appellant.

          Bryan H. Han, Assistant United States Attorney, with whom Channing D. Phillips, United States Attorney, and Elizabeth Trosman, John P. Mannarino, and Thomas N. Saunders, Assistant United States Attorneys, were on the brief, for appellee.

          BEFORE: GLICKMAN and BLACKBURNE-RlGSBY, Associate Judges; and PRYOR, Senior Judge.

         JUDGMENT

         This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby

         ORDERED and ADJUDGED that the trial court's denial of appellant's motion to suppress is reversed.

          OPINION

          William C. Pryor, Senior Judge

         Following a stipulated trial, appellant was convicted of the unlawful possession of a firearm and related charges.[1] On appeal, appellant contends that the police lacked reasonable, articulable suspicion to stop and frisk him, and that the trial court thus erred in denying his motion to suppress. We agree and reverse.

         I.

         A.

         On a winter afternoon in January 2015, between 3:00 and 4:00 p.m., the complaining witness entered one of eight buildings on Columbia Road, Northwest, Washington, comprising the Columbia Heights Village (CHV) apartment complex. The complex has 400 units. As the complaining witness was entering the building, he saw two black males standing together. One of the two persons followed him inside and, while brandishing a weapon, demanded money. The complainant ...


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