Reid

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

The officers in this case approached a large gathering of African-American families, many of whom were clearly affiliated with the violent Emerald Hills Blood gang, but who were apparently picnicking and celebrating Easter Sunday. Officers planned to watch and see if any of the individuals moved away from the officers, apparently believing avoidance of the police officers provided reasonable suspicion to detain the avoiders. Officers hoped those detained would be on a felony “Fourth waiver,” allowing them to conduct a probation search, so they could see if any of the gang members possessed anything illegal. Their technique worked: Defendant Clinton Mack Reid moved away from the officers. They detained him, and he was, in fact, on probation, so they conducted a “Fourth waiver” search and found a loaded gun.

Although the Court sympathizes with law enforcement’s attempts to control violent gang activities, this does not comport with the Fourth Amendment.

I. BACKGROUND

Emerald Hills Community Park, also known as Kelton Park (“the Park”), is a main hangout for the Emerald Hills Blood gang. It is an area with frequent reports of…