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U.S. v. Dixon

Evidence Hearing Will Decide if Stop, Search Leading to Gun's Discovery Was Unlawful

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ORDER AND OPINION Defendant Donta Dixon (“Defendant”) is charged in a one count indictment with violating 18 U.S.C. §922(g)(1) and (2). Defendant now moves to suppress (1) physical evidence recovered from Defendant’s person on May 29, 2020 including a firearm, ammunition, and an iPhone, (2) all post-arrest statements on the basis that the Yonkers Police Department (“YPD”) officers (a) lacked probable cause to arrest him, and (b) lacked reasonable suspicion to stop and search him, and all statements were obtained following an unlawful stop, search, and arrest. The Government argues that (1) the YPD had reasonable suspicion to stop Dixon, (2) YPD arrested the Defendant on probable cause, and (3) the post-arrest statements should not be excluded. Defendant requests an evidentiary hearing, which the Government argues is unnecessary. For the reasons that follow, the Court GRANTS Defendant’s motion to the extent of setting the matter for an evidentiary hearing to determine whether the police officers’ stop and subsequent search of the Defendant, resulting in the discovery of physical evidence, was lawful, and whether Defendant’s statement enroute to the station was spontaneous or the subject of a custodial interrogation. BACKGROUND I. Factual Background The following facts are drawn from the criminal complaint filed in this matter (“Complaint”) (ECF No. 2), the indictment (ECF no. 12), and the parties’ submissions. A. Defendant’s Account of the Stop, Search, & Arrest Defendant avers that he left his girlfriend’s apartment around 5:00 p.m. on May 29, 2020 with an orange Nike cross-body bag across his torso. (Decl. of Donta Dixon (“Dixon Decl.”) (ECF No. 29)

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