United States of America v. Raphael Ross

Philadelphia, Pennsylvania criminal defense lawyer represented the Defendant charged with : (1) possession of a firearm as a felon,4 in violation of 18 U.S.C. § 922(g)(1); (2) possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841; and (3) possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A).



On January 15, 2021, Philadelphia Police Department

(PPD) Officers John Smart and Danielle Foreman were

patrolling an area in South Philadelphia known for violent

crime and narcotics sales. Around 7:30 pm, the officers pulled

over a car that had windows tinted in violation of state law and

that, it turned out, was driven by Ross.2 Once the car came to

a stop, the officers approached by foot, with Officer Smart at

the driver side and Officer Foreman at the passenger side.

1 The facts here are taken from the District Court's findings of

fact and are supplemented by undisputed facts in the record,

unless noted otherwise. See infra note 3. And "[b]ecause the

District Court denied the suppression motion,” we recount "the

facts in the light most favorable to the Government.” United

States v. Stewart, 92 F.4th 461, 466 (3d Cir. 2024).



Officer Smart first explained to Ross the reason for the

stop and then "asked him for his license, registration, and proof

of insurance.” App. 110. After "Ross produced expired

insurance and vehicle registration cards” and explained that he

"left [his license at someone's] house,” App. 466, Officer

Smart reassured Ross "that if everything . . . checked out” with

his documents, he "wouldn't be issued a ticket and . . . would

be on his way” with just "a warning,” App. 190, 193.

During this initial exchange, "both officers observed in

Ross signs of anxiety and nervousness including shaking

hands, stammering voice, quivering lips, heavy breathing, and

a refusal to make eye contact.” App. 466. Ross also "started

to fumble and rummage around the middle of the cabin” and

erratically move his jacket around the car—shifting it from the

passenger seat, over to his lap, and then positioning it over the

center console. Id. Ross claimed that he was looking for his

license, but neither officer believed him because Ross "had

already told [them] that he had left it at home” and "it did not

look like [he] was actually looking for anything in the jacket

but was instead simply moving it around in an odd way.” App.

466–67.



Before going back to his patrol vehicle to verify Ross's

information, Officer Smart complimented the Rolex watch

Ross was wearing and "asked [Ross] where he worked.” App.

466.3 Ross thanked him and "answered that he owned a home

health aide business.” Id. Officer Smart promptly returned to

the patrol car to conduct the records checks, while Officer

Foreman walked over to the driver's side window. In total, this

initial interaction lasted between 1–3 minutes, with the watch-

and-job exchange lasting around five seconds.



Back at the police cruiser, Officer Smart ran the usual

database checks to verify Ross's identity and license status.

Those checks brought up Ross's lengthy rap sheet, which

notably included a recent arrest for firearm possession.

Recognizing the arresting officer's name, Officer Smart

phoned that colleague for the story behind the charge and

learned that Ross had been caught with a gun after he resisted

and "fought . . . police officers” during a routine traffic stop.

App. 467. The colleague urged Officer Smart to quickly "call

for backup,” and he took that advice. App. 467. All told, the

database queries and call consumed roughly 5–7 minutes.



Meanwhile, Officer Foreman remained at Ross's

driver's side window. She tried to strike up a casual

conversation with Ross by asking him "about where he was

coming from [and] where he was going.” Reply Br. 9. Still,

"Ross continued to avoid eye contact and to shake, stammer,

and breathe heavily while reaching around the center console

with his jacket.” App. 468. When Officer Foreman asked "why

he was nervous,” Ross began fishing under the front seat.



Reply Br. 9. Twice Officer Foreman told him to plant "his

hands on the steering wheel”; twice he ignored her—instead

"reaching around” the interior of the car where Officer

Foreman "could not see.” App. 468. Ross then tried opening

the light most favorable to the Government,” we presume it

occurred simultaneously the driver's side door until Officer Foreman wedged her body

in its path.



Officer Smart rejoined the scene a moment later and

"asked Ross whether there were any 'firearms'” or drugs in the

car. App. 468. Ross "giggled and said no,” but his gaze

remained fixed straight ahead, and Officer Smart "observed

that Ross continued to appear very nervous and continued to

reach towards the center console and move his jacket around.”

App. 468–69. At this juncture, both officers shared the concern

that Ross might be armed.



Backup arrived soon thereafter, and Officer Smart

ordered Ross out of the car and frisked him for weapons. Smart

found a wad of cash in Ross's back pocket, which Ross claimed

was for his grandfather's funeral. Officers Smart and Foreman

then frisked the front interior of the car for weapons and

recovered a semi-automatic pistol and 136 packets of fentanyl

and heroin hidden in the center console.

oss subsequently pleaded guilty to all three counts but preserved his right to challenge the denial of the motion to suppress. Having been sentenced to 120 months’ imprisonment and a three-year term of supervised release, Ross now timely appeals the denial of his suppression motion.



Affirmed