United States v. Bey, No. 17-2945 (3d Cir. 2018)Annotate this Case
Philadelphia Officers stopped a car for a traffic violation. The driver, a front passenger (Robinson), and a rear passenger, Burke, produced identification. Officers noticed the smell of marijuana and saw marijuana residue and decided to search for drugs. Burke was removed and frisked first. Fritz recovered a gun on the floor where Burke had been sitting. Burke and Robinson fled. Burke was quickly apprehended. Officer Madara broadcast that Robinson was a Black male, approximately 6’0”-6’1”, 160-170 pounds, wearing dark blue pants and a red hoodie. The description did not mention any facial hair. Officers Powell and Cherry responded. Powell viewed a photograph of Robinson on the patrol car's computer screen. Less than one minute later, the officers saw an individual (Bey). Bey was a 32-year-old, dark-skinned African-American man with a long beard, weighing about 200 pounds and wearing black sweatpants and a hooded red puffer jacket. Robinson was a 21-year-old, light-skinned African American man with very little hair under his chin and a tattoo on his neck, weighing 160-170 pounds. The officers approached Bey, who had his back to them, and ordered him to show his hands. Bey complied and turned around. Officers recovered a gun. Bey, charged as a felon in possession of a firearm, unsuccessfully moved to suppress the gun. The Third Circuit reversed. While the initial stop was supported by reasonable suspicion, the continuation of that stop, after Bey turned around and police should have realized that Bey did not resemble Robinson, violated the Fourth Amendment.