THE CASE OF THE DISGARDED MARIJUANA BAGGIE

The Eighth Circuit Court of Appeals found that reasonable suspicion existed to pat down Deonta Lemont Stigler after the police were called to a neighborhood known for drug sales regarding a fight between three African American men.

When Officers Michael Dixson and Ryan Doty arrived on the scene they saw two African American men on the sidewalk. One of the men, Stigler ran across the street and then started walking. Dixson asked Stigler about a fight. Stigler, according to the decision, threw a plastic baggie, later determined to have marijuana in it on the ground. Dixson then initiated a Terry stop and a pat search. A Terry stop requires that an officer have a reasonable suspicion that a crime occurred and that the person stopped has a connection to the crime. It can only last long enough for the officer to investigate the crime. A pat search can occur simultaneously to the stop as long as the police officer has a reasonable suspicion that the person stopped has a weapon. During the pat search a gun was found.

Stigler moved to suppress the gun on the basis that the police did not have a reasonable suspicion that he was involved in a crime or that he had a weapon. After the suppression motion was denied Stigler plead guilty, reserving the right to appeal the denial of the suppression motion.

On appeal the court found that based upon the “totality of the circumstances” the Terry stop and the pat search were legal. The court based its decision on the throwing down of the baggie and Stigler’s startled demeanor, along with Stigler’s initial running away and being in an area known for drug transactions. The pat down according to the court was justified by the report of a fight and fear that a weapon may have been involved.

My question is why did Stigler throw the baggie with marijuana on the ground or did he actually throw the baggie down? There was no trial so the “facts” before the trial and appellate courts did not include a trial transcript. Most likely the Eighth Circuit was working with the transcript of a hearing held on the defendant’s motion to suppress the evidence. Its possible that the defendant did not testify at the hearing. In many cases the defense attorney and the defendant decide that the defendant should not testify at a motion to suppress evidence since the defendant’s testimony at the hearing can be used by the district attorney for cross examination at trial. The defendant would not want to answer questions such as what was in the baggie or why were you carrying a gun? If so the only evidence was the police officer’s testimony. But even if the defendant testified at the hearing the court would give additional weight to the officer’s testimony since in a case where the defendant has plead guilty and the District Court denied the motion to suppress the appellate court must decide factual issues in favor of the winning side (the prosecution in this case) in the District Court.

Unless you believe that police officers always tell the truth, you must have some doubt that Stigler threw the marijuana on the ground. Stigler had nothing do gain by throwing it down. After all he still had the concealed weapon. And the police officer could not justify the search without the marijuana being thrown on the ground. This is not to say that defendants never do stupid things but it certainly raises a doubt about the search.