In re Grijalva; Judith del Cuadro-Zimmerman

── In re Grijalva; Judith del Cuadro-Zimmerman ── Court: District of Columbia Court of Appeals Date: April 23, 2026 Category: General Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 19-CF-0016 ONZAY LAMARR GIBBS, APPELLANT, v. UNITED STATES, APPELLEE. Appeal from the Superior Court of the District of Columbia (2016-CF1-017604) (Hon. Ronna L. Beck, Trial Judge) (Argued October 25, 2022 Decided April 23, 2026) Fleming Terrell, Public Defender Service, with whom Samia Fam, Public Defender Service, was on the brief, for appellant. Mark Hobel, Assistant United States Attorney, with whom Matthew Graves, United States Attorney, at the time of argument, with whom Chrisellen R. Kolb, Elizabeth Danello, and Brittany Keil, Assistant United States Attorneys, were on the brief for appellee. Before BECKWITH and HOWARD, Associate Judges, and GLICKMAN, Senior Judge.* Opinion for the court by Associate Judge HOWARD. Concurring opinion by Senior Judge GLICKMAN at page 37. * Judge Glickman was an Associate Judge of the court at the time of argument. His status changed to Senior Judge on December 21, 2022.  2 HOWARD, Associate Judge: Appellant Onzay Lamarr Gibbs appeals from the trial court’s denial of his motion to suppress evidence obtained from a search of his smart phone. Mr. Gibbs contends that the warrant authorizing the search does not pass constitutional muster under our decision in Burns v. United States, 235 A.3d 758 (D.C. 2020). We agree and, therefore, reverse the judgment of the Superior Court denying suppression of the cell phone search, vacate Mr. Gibbs’s convictions, and remand for further proceedings consistent with this opinion. I. Background On September 15, 2016, officers of the Metropolitan Police Department (MPD) were dispatched to 3341 23rd Street, S.E., in response to a reported stabbing. Upon arriving, the officers found a man named Keith Jenkins lying in the walkway to a parking lot. Mr. Jenkins had stab wounds on his face, neck, and body. The police brought him to an area hospital where he was admitted in critical and unstable condition and underwent emergency surgery. Ultimately, because of the medical intervention, Mr. Jenkins survived. On September 20, 2016, MPD Detectives Anthony Greene and Dwight Jones went to the hospital to interview Mr. Jenkins, who had completed a medical procedure and was on pain medication. Mr. Jenkins described the events leading to  3 the stabbing as a drug deal gone awry. Mr. Jenkins told the detectives that, on the evening of the stabbing, he was walking toward the parking lot in the 2000 block of Savannah Terrace, S.E., with an individual he identified as “Anjae,” (spelled phonetically as written by Detective Greene in his report) and whom Mr. Jenkins later identified from a photograph as Mr. Onzay Gibbs.1 They intended to meet with several individuals, who were unknown to Mr. Jenkins, to conduct a marijuana deal. Mr. Jenkins said that when he and Mr. Gibbs arrived at the parking lot, somebody he could not identify hit him from behind and he was forced into a car. Mr. Jenkins remembered seeing Mr. Gibbs in the front passenger seat of the same vehicle and believed that there were at least two additional individuals in the vehicle. Mr. Jenkins told the detectives that as the attack was occurring, he said to Mr. Gibbs, “You going to do this to me[.] As long as I’ve known you!” Mr