Poolaw v. Marcantel

565 F.3d 721, 2009 U.S. App. LEXIS 9483, 2009 WL 1176466
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 4, 2009
Docket07-2254
StatusPublished
Cited by62 cases

This text of 565 F.3d 721 (Poolaw v. Marcantel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poolaw v. Marcantel, 565 F.3d 721, 2009 U.S. App. LEXIS 9483, 2009 WL 1176466 (10th Cir. 2009).

Opinions

LUCERO, Circuit Judge.

This case requires us to address the extent to which a familial connection to a suspect supports either probable cause for a search warrant or reasonable suspicion for an investigative detention. Following the murder of Bernalillo County Sheriffs Deputy James MeGrane, Lieutenant Gregg Marcantel and Detective Timothy Hix obtained a warrant and ordered the search of property belonging to Rick and Cindy Poolaw, the parents-in-law of the primary suspect, Michael Paul Astorga. Marcantel later ordered the stop of Chara Poolaw, Astorga’s sister-in-law. The search and stop were based on little more than the Poolaws’ status as Astorga’s in-laws.

Although we are sympathetic to the urgency of the officers’ search for Astorga, we conclude that these actions violated the Fourth Amendment. Adhering to established Supreme Court precedent and the unanimous case law of this and other courts, we hold that a familial relationship is insufficiently particularized to justify invading an individual’s reasonable expectation of privacy. Applying this rule to the present case, we conclude that the Poo-laws’ status as Astorga’s in-laws, combined with the meager additional facts known to Marcantel and Hix, were insufficient to support a finding of either probable cause to search the property or reasonable suspicion to detain Chara.1 Further, because these Fourth Amendment principles were clearly established at the time of their actions, Marcantel and Hix are not entitled to qualified immunity. We have jurisdiction under 28 U.S.C. § 1291, Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), and we affirm.

I

A

In the early hours of March 22, 2006, Bernalillo County Sheriffs Deputy James MeGrane was shot and killed while conducting a traffic stop. Bernalillo County Sheriffs Office (“BCSO”) investigators determined that the truck Deputy MeGrane had stopped belonged to Astorga, who was [726]*726also wanted in connection with the November 2005 homicide of Candido Martinez. Based on this information, the investigators identified Astorga as the primary suspect in the McGrane homicide, and a manhunt ensued.

BCSO investigators discovered that Astorga had been in the area of the McGrane homicide on the night in question and that he lived at # 31 Lark Road, approximately fifteen miles south of where McGrane was killed. Neighbors of #31 Lark Road told investigators that a man matching Astorga’s description had recently moved in with his “pregnant girlfriend.” Upon canvassing the area, officers also found the vehicle Deputy McGrane had stopped the night he was killed parked in the vicinity of Astorga’s address.

Investigators then sought out Marcella because Astorga had listed her as his spouse and emergency contact when he had been arrested in the past. After detectives failed to locate Marcella at her known address, Lieutenant Marcantel telephoned Rick, a retired New Mexico State Police officer and acquaintance. Rick confirmed that Marcella was his daughter and that she was pregnant by Astorga. He also told Marcantel that she had spent the night of March 21 at Rick and Cindy’s home. Throughout the day, Rick called Marcantel to tell him that Marcella was no longer at the house, that she had uncharacteristically called in sick to work, and, then, that he had ultimately located her.

At the time of the investigation, Rick lived at 343 Calle Del Banco with Cindy and their daughter Chara.2 Two days after the McGrane homicide, Astorga remained at large. BCSO investigators, including Marcantel and Hix, decided that the Poolaws’ property should be searched. Hix prepared an affidavit seeking a warrant to search the Poolaws’ property (“the Hix affidavit”), in which he provided a general description of the McGrane homicide and investigation. In the affidavit, Hix gave specific information explaining why Astorga was identified as the suspect. He then asserted a connection between Astorga and the Poolaws’ property:

On previous arrests, Michael Paul Astorga listed Marcella Astorga as his spouse and emergency contact. Police detectives have had contact with Ms. Marcella Astorga, and know her as Marcella Poo-law, and that she is currently pregnant BCSO Lieutenant G. Marcantel recognized the name Poolaw and contacted Rick Poolaw at approximately 0830 hours and confirmed he had a daughter named Marcella Poolaw and she was pregnant by Michael Paul Astorga. Rick advised Lieutenant Marcantel that when he left home (343 Calle Del Banco, described above to be searched) that morning, Marcella had got up and was getting ready for work (indicating that she resides there at least part time). Rick Poolaw told Lieutenant Marcantel he would attempt to locate his daughter. Rick later contacted Lieutenant Marcantel and advised him that he had contacted Marcella’s place of employment, and was told she had called in sick. Rick stated that Marcella had not indicated to him that she was sick and that it was very unusual for her not to show up for work. Rick stated that he would continue to attempt to locate Marcella. Based on the apparent fact that Marcella Poo-law (Astorga) resides at least part time at 343 Calle Del Banco (described above [727]*727to be searched) it would be reasonable to assume that her husband, Michael Astorga, resides there at least part time as well and may have left or hidden evidence related to this crime at this residence. It is also reasonable to assume that, because the entire property is owned by Michael Astorga’s in-laws, that he may have secreted himself or any evidence within any of the structures on the property.

In addition, the affidavit included the facts that Astorga was recently seen by neighbors moving in at # 31 Lark Road with his “girlfriend” and that “[d]etectives attempted to contact [Marcella] at her residence located at 9820 Edith NW, but she was not there.” A New Mexico state court judge issued a warrant on the afternoon of March 24.

That same evening, BCSO officers — but not Marcantel or Hix — executed the warrant on the Poolaws’ property under the supervision of then-Sergeant Scott Baird. During the search, Rick and Cindy were handcuffed outside their home.

A few days later, Marcantel learned that Chara had called Cindy and had asked whether she could “get in trouble” for having a gun. Based on “the fact that Chara was a loved one of Michael Paul Astorga’s wife” and “her admission that, she had a gun,” Marcantel ordered her stopped to determine whether the gun was the McGrane homicide weapon. Chara was detained, handcuffed, and held in a squad car while her car was searched. After the gun found in her car was determined not to be the murder weapon, she was released.

B

Alleging that the search and seizures violated the Fourth Amendment, Rick, Cindy, and Chara (“the Poolaws”) brought this § 1983 action in the United States District Court for the District of New Mexico. Named as defendants were Bernalillo County Sheriff Darren White, Lieutenant Marcantel, Detective Hix, and the Bernalillo County Board of Commissioners.3 First, the Poolaws alleged that the detentions of Rick, Cindy, and Chara constituted unreasonable seizures (“Claim I”). Second, the Poolaws alleged that the defendants had unreasonably searched their property (“Claim II”).4

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Bluebook (online)
565 F.3d 721, 2009 U.S. App. LEXIS 9483, 2009 WL 1176466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poolaw-v-marcantel-ca10-2009.