May 2, 2019
from the Superior Court of the District of Columbia
(CDC-15416-16), (Hon. Gregory B. Jackson, Trial Judge)
A. Barrella was on the brief for appellant.
Racine, Attorney General for the District of Columbia, Loren
L. AliKhan, Solicitor General, Rosalyn Calbert Groce, Deputy
Solicitor General, and John W. Donovan, Assistant Attorney
General, were on the brief for appellee.
Fisher and Easterly, Associate Judges, and Nebeker, Senior
Darrell Andrews challenges his convictions of possession of
an unregistered firearm and unlawful possession of
ammunition. He argues that the trial court erred in denying
his motion to suppress evidence that was obtained pursuant to
a warrant to search his home. Because the warrant was issued
without probable cause and the polices reliance on the
warrant was objectively unreasonable, the trial court should
have suppressed the firearm and ammunition found at
appellants home. Despite the arguments of the District of
Columbia Office of the Attorney General to the contrary, we
reverse both the order and the convictions.
brief accurately states the facts essential to our decision:
A Superior Court judge issued a warrant to search the
premises at 3518 6th Street, S.E., #6, in Washington, D.C.,
for evidence of illegal firearms. The warrant was issued on
the basis of an application that included an affidavit from
Metropolitan Police Department (MPD) Officer Tony Covington.
The officer-affiant stated that he "received information
in reference to a YouTube video,
" depicting "multiple individual [sic] displaying
handguns" that appeared "to be operable." The
officer-affiant recognized the location of the video as a
parking lot at the 3500 block of 6th Street, S.E. He also
identified one of the individuals in the video as Andre
Your affiant has checked multiple databases and was able to
determine 3815 6th St #6 S.E. [sic]. A firearms registration
check revealed Andre Becton does not have a current
registration for a firearm at 3815 6th St #6 SE. Your affiant
has received corroborating information from several sworn ...