United States v. Adrian Ruiz

785 F.3d 1134, 2015 U.S. App. LEXIS 7645, 2015 WL 2151843
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 8, 2015
Docket13-1209
StatusPublished
Cited by42 cases

This text of 785 F.3d 1134 (United States v. Adrian Ruiz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Adrian Ruiz, 785 F.3d 1134, 2015 U.S. App. LEXIS 7645, 2015 WL 2151843 (7th Cir. 2015).

Opinion

TINDER, Circuit Judge.

Law enforcement officers approached Adrian Ruiz’s car after they witnessed Ruiz engage in what they deemed to be. suspicious behavior, including actions consistent with operating a “trap” — a concealed, non-factory compartment in a vehicle often used to hide drugs. Ruiz consented to the search of his car and then followed the officers to a nearby police station where he showed the officers two traps in his car loaded with heroin. Ruiz eventually pleaded guilty to possession with intent to distribute more than 100 grams of heroin, see 21 U.S.C. § 841(a)(1), reserving the right to appeal the denial of his motion to suppress all evidence derived from his encounter with the officers. Ruiz appeals, contending: the officers did not have reasonable sus *1138 picion to stop his vehicle; the stop exceeded its lawful purpose and ripened into a de facto arrest; the encounter with the officers was custodial, requiring the suppression of all statements he made prior to receiving Miranda warnings; and he did not consent voluntarily to go to the police station and open the traps.

I. BACKGROUND

During the afternoon of October 26, 2010, Drug Enforcement Agency (“DEA”) Special Agent Keith Bakewell and DEA Task Force Officer Jay Tapia (collectively, the “officers”) — driving separate, unmarked cars but in radio communication— were surveilling a storefront in Gurnee, Illinois. Based upon a prior drug seizure and information from confidential informants, the officers believed that the store was being used by drug dealers to ply their trade. The officers saw Michael Coleman, who they knew had prior drug-trafficking convictions, exit the rear of the store and get into a blue Pontiac. Agent Bakewell followed Coleman as he drove into a residential neighborhood. Bakewell, who entered the neighborhood approximately a minute after Coleman, saw Coleman’s Pontiac parked in the middle of the street beside a black Cadillac Escalade that was registered to the primary target of the officers’ drug-trafficking investigation. Soon after Bakewell came into view, the two cars drove away from each other. Bakewell followed the black Escalade to a strip-mall parking lot, where the black Escalade parked next to a silver Escalade that was registered to another target of the investigation. It appeared to Bakewell that the occupants of the two Escalades were engaged in a conversation. The officers then followed the silver Escalade as it left the strip-mall parking lot and drove to the parking lot of another mall, the Gurnee Mills Outlet Mall (“Gurnee Mall”). Officer Tapia testified that, based upon his training and experience, narcotics transactions often occur in mall parking lots because the high volume of pedestrian and vehicle traffic can mask drug-dealing activity.

The silver Escalade parked in the Gurnee Mall parking lot, but nobody exited the vehicle. Agent Bakewell then saw, for the first time, the person he would later identify as Defendant Ruiz walking toward the front passenger-side of the silver Escalade. It appeared to Agent Bakewell that Ruiz was directed to walk to the other side of the car, and Ruiz eventually entered the Escalade through the rear, driver-side door. Two or three minutes later, Ruiz exited the Escalade, walked in one direction, turned around, and then walked in the opposite direction towards an unoccupied Honda Accord parked nearby. Ruiz entered the Accord through the driver’s door. Agent Bakewell next saw the Accord’s rear brake lights activate and Ruiz began manipulating “some of the ... driver controls” in the vehicle, such as those controlling the air conditioner, the windshield wipers, and the windows. Bakewell then saw Ruiz reach behind the driver’s seat and appear to “put something in the rear passenger” area of the vehicle. Bake-well testified that, based upon his experience and training with the DEA, the Chicago Police Department, and the Illinois State Police, trap compartments can exist “[ajnywhere there is a natural void” in a vehicle and can be opened by manipulating the controls of a vehicle in the manner done by Ruiz.

Ruiz then started the Accord and pulled out of the mall parking lot, with the officers covertly following. At this time, Ruiz was driving in what Agent Bakewell described as a “normal, everyday manner,” such as going “a couple of miles an hour over the speed limit” and “signaling when he [got] to the intersection, not before.” *1139 Officer Tapia phoned a Gurnee Police Department (“Gurnee PD”) officer and asked her to attempt to “develop independent probable cause for a stop” of Ruiz’s Accord, in an effort to make Ruiz believe it was a random traffic stop with no involvement by the DEA. When the marked Gurnee PD squad car neared the Accord, Ruiz began driving in a “very cautious” manner, driving five miles an hour below the speed limit and signaling well in advance of turns. Bakewell noted that the Accord had Wisconsin plates but'drove past the on-ramp for the interstate that led toward the Illinois-Wisconsin border.

Ruiz eventually turned into a residential driveway with a “for rent” sign in the yard. The squad car drove past the parked Accord and continued along the residential street. Once the marked squad car was out of sight, Agent Bakewell — who had pulled his unmarked vehicle into a nearby driveway — saw the Accord’s brake lights activate and then Ruiz manipulated the driver controls and reached around to the rear of the vehicle in the same manner as he had done in the Gurnee Mall parking lot. Ruiz next put the Accord in reverse and began backing out of the driveway. The Accord had moved only a few feet backward when the marked squad car drove back into view; Ruiz then stopped his car and deactivated the brake lights, apparently shifting into park.

The squad car parked on the street two houses south of Ruiz’s Accord, and the Gurnee PD officer stayed in her car. Agent Bakewell and Officer Tapia pulled their unmarked vehicles into curbside parking spaces to the north and south of the driveway where Ruiz sat. Bakewell and Tapia, both in plainclothes and not displaying weapons, approached the driver’s window of the Accord on foot and identified themselves as law enforcement officers. In response to Tapia’s questions, Ruiz said he was interested in the house advertised as being for rent and he had previously been at the Gurnee Mall visiting a furniture store. 1 Tapia asked Ruiz to get out of the car, and Ruiz did so. Upon request, Ruiz provided the officers with his driver’s license, which listed his address as a city in southern Texas that Tapia characterized as “a source city for narcotics.” The Accord was registered to an address in Kenosha, Wisconsin.

In response, to Tapia’s questions, Ruiz denied having drugs or hidden compartments in the car. Tapia asked if he could search the car, and Ruiz consented. A ten-minute search turned up nothing, save for two cell phones. The- interior of the car was “spotless” and had no other personal effects, which the officers believed, was suggestive of the car being a “trap car” used for drug trafficking. 2 Tapia called for a canine unit to come to their location to sniff Ruiz’s car, but none was available.

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Cite This Page — Counsel Stack

Bluebook (online)
785 F.3d 1134, 2015 U.S. App. LEXIS 7645, 2015 WL 2151843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-adrian-ruiz-ca7-2015.