United States v. Archuleta

619 F. App'x 683
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 16, 2015
Docket13-4151
StatusUnpublished

This text of 619 F. App'x 683 (United States v. Archuleta) 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
United States v. Archuleta, 619 F. App'x 683 (10th Cir. 2015).

Opinion

ORDER AND JUDGMENT *

JEROME A. HOLMES, Circuit Judge.

Joshua Jake Archuleta was charged with being a drug user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3). *684 Mr. Archuleta was arrested after he admitted that the rifle he was carrying belonged to him and that he was addicted to methamphetamine. The government appeals from an order of the district court suppressing Mr. Archuleta’s statements and the physical evidence obtained during his encounter with the police. Exercising jurisdiction pursuant to 18 U.S.C. § 3731 and 28 U.S.C. § 1291, we affirm.

I

At approximately 1:25 a.m. on January 10, 2013, Mr. Archuleta was riding a bicycle along the sidewalk in West Valley City, Utah. He was wearing a red backpack and carrying a nondescript black bag over one shoulder. Mr. Archuleta crossed the street and rode into a large, well-lit parking lot of a twenty-four-hour convenience store. As he did so, a police officer with the West Valley City Police Department pulled his patrol car in behind Mr. Ar-chuleta and activated his overhead lights. In response, Mr. Archuleta stopped his bicycle in the parking lot.

The officer stated that he was.on routine patrol when he observed Mr. Archuleta riding a bicycle at night with no lights. He described the location of the stop as a “high-crime area.” ApltApp. at 88 (Tr. Mot. to Suppress, dated May 16, 2013). As the officer testified:

[THE GOVERNMENT:] Have you previously made arrests in that area before?
[THE OFFICER:] I have.
[THE GOVERNMENT:] Would you describe it as a high-crime area?
[THE OFFICER:] Yes.
[THE GOVERNMENT:] Why is that?
[THE OFFICER:] The [convenience store] there on the corner usually has beer thefts, we have — we adjoin with a city connected, which is Kearns, usually is a crime area, a high-crime area as well.

Id. The officer had witnessed Mr. Archule-ta ride his bicycle across the street and turn into the parking lot, an act which he believed constituted jaywalking. After stopping Mr. Archuleta, the officer got out of his patrol vehicle.

Mr. Archuleta asked why he had been stopped. The officer replied that it was because he did not have any lights on his bicycle and was jaywalking. At that point, the officer inquired as to the contents of the black bag. Mr. Archuleta indicated that the bag contained a firearm. After instructing Mr. Archuleta to raise his hands above his head, the officer removed the black bag from Mr. Archuleta’s person and placed it on the hood of his patrol car. The officer asked Mr. Archuleta if the firearm belonged to him. Mr. Archuleta said that it did, indicating that he had just pm-chased it from an individual in Kearns. It appears to be undisputed that, standing alone, Mr. Archuleta’s possession of the firearm in the black bag did not violate Utah law. 1 Mr. Archuleta did not display *685 any signs of intoxication and did not appear nervous or evasive. The officer described Mr. Archuleta as calm and very cooperative.

Asked for identification, Mr. Archuleta provided his name and date of birth. The officer returned to his patrol car to verify Mr. Archuleta’s identity and to search for any outstanding warrants and criminal history in the police database. The officer found Mr. Archuleta’s driver’s record in the database and determined that he had no outstanding warrants. A search of his criminal history revealed that Mr. Archule-ta had one class A misdemeanor drug conviction in addition to other drug charges that had not resulted in convictions and a charge for domestic violence.

At that point, the officer returned from his patrol car and asked Mr. Archuleta “if he knew about his criminal history.” Id. at 99. Specifically, the officer asked if Mr. Archuleta was aware of his “drug history.” Id. Mr. Archuleta said yes and indicated that he was a drug user. The officer asked if he had used drugs that day. Mr. Archuleta responded that he had used drugs earlier on the same day. The officer asked if he had any drugs on him, and Mr. Archuleta indicated that he was in possession of methamphetamine. The officer then placed Mr. Archuleta in handcuffs and commenced a search of his person, his backpack, and the black bag containing the firearm.

The officer first searched Mr. Archule-ta’s person and found no drugs. He asked where the drugs were located, and Mr. Archuleta stated that they might be in his backpack. Mr. Archuleta told the officer that there was a drug scale in the backpack as well. The officer searched the backpack and located the scale, but found no drugs. Mr. Archuleta explained that he might have left the drugs at the Kearns address where he came from. Finally, the officer searched the black bag. In addition to discovering a disassembled rifle and several rifle barrels, the officer found syringes. Mr. Archuleta denied that the syringes belonged to him and indicated that they possibly belonged to the previous owner of the firearm.

Following these searches, the officer took Mr. Archuleta back to his patrol car and read him the Miranda warnings 2 from a card; Mr. Archuleta agreed to speak further with the officer, and the officer continued to ask about his drug use. Mr. Archuleta indicated that he used drugs once or twice a day; he further explained that he was currently separated from his wife and did not have custody of his children because of his drug use. Mr. Archuleta indicated that he had no stable employment and was working only odd jobs. He stated that he used methamphetamine by smoking it.

The officer asked about the rifle, and Mr. Archuleta explained that someone had traded it to him in lieu of payment for a non-drug-related debt. He stated that he was transporting the firearm to his mother’s house and was unaware that he could not carry it. The officer advised Mr. Ar-chuleta that he was going to be charged with possession of a firearm by a restricted person, possession of drug paraphernalia, and jaywalking. The officer then proceeded to transport Mr. Archuleta to the *686 Salt Lake County Jail. According to the officer, the entire encounter took approximately twenty-five minutes.

Mr. Archuleta was charged in the United States District Court for the District of Utah with one count of being a drug user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3). He moved to suppress the evidence obtained during his encounter with the police. The district court conducted an evidentiary hearing at which the officer was the only witness.

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Bluebook (online)
619 F. App'x 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-archuleta-ca10-2015.