United States v. Arthur

764 F.3d 92, 2014 U.S. App. LEXIS 16240, 2014 WL 4177373
CourtCourt of Appeals for the First Circuit
DecidedAugust 22, 2014
Docket13-1892
StatusPublished
Cited by26 cases

This text of 764 F.3d 92 (United States v. Arthur) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Arthur, 764 F.3d 92, 2014 U.S. App. LEXIS 16240, 2014 WL 4177373 (1st Cir. 2014).

Opinion

SELYA, Circuit Judge.

The reasonable suspicion that is needed to justify a minimally intrusive police stop is hard to quantify, and there is sometimes a fine line between that degree of suspicion and mere paranoia or a hunch plucked out of thin air. This case requires us to examine that line. After conducting such an examination, we conclude that the district court did not err in finding that the police conduct in this case fell on the right side of the line. We further conclude that the court committed no error in refusing to suppress proffered eyewitness identification evidence. Based on these conclusions, we affirm the denial of the appellant’s motions to suppress. 1

1. BACKGROUND

We briefly sketch the genesis and travel of the case. On October 31, 2011, two armed men robbed a MetroPCS cell phone store in Boston, Massachusetts. Within a matter of minutes, a Boston police officer, Timothy Golden, spotted two men matching the culprits’ general description. He stopped the pair, later identified as Ronald Brown and defendant-appellant Lynch E. Arthur, and questioned them. During this conversation, Officer Golden received additional information from other officers that bolstered his suspicions. The men were brought to the scene of the crime and identified by the store clerk in a “show-up” procedure. Arrests followed.

A federal grand jury sitting in the District of Massachusetts subsequently returned an indictment charging both men with Hobbs Act robbery, see 18 U.S.C. § 1951; possessing firearms and ammunition after felony convictions, see id. § 922(g)(1); and carrying firearms during and in relation to a crime of violence, see id. § 924(c)(1)(A). A superseding indictment changed the sequence of the charges against the appellant but riot their substance. 2

The appellant moved to suppress. After an evidentiary hearing, the district court concluded that the stop was justified by reasonable suspicion. See United States v. Arthur, No. 12-10025, 2012 WL 6531928, *96 at *7 (D.Mass. Dec. 12, 2012). The court further concluded that, even though the show-up procedure was impermissibly suggestive, the clerk’s identification was reliable and therefore admissible. See id. at *10.

The appellant entered a conditional guilty plea to all three of the charged counts, see Fed.R.Crim.P. 11(a)(2), reserving the right to challenge the district court’s refusal to suppress the challenged evidence. The court sentenced the appellant to a total of 228 months of immurement. This timely appeal ensued.

II. ANALYSIS

The appellant musters two assignments of error. First, he argues that there was no reasonable suspicion supporting Officer Golden’s initial stop and that the district court’s contrary finding was insupportable. Second, he argues that the district court erred in concluding that the store clerk’s identification was reliable under the totality of the circumstances. We address these arguments in turn, “accepting the district court’s findings of fact to the extent they are not clearly erroneous and subjecting its legal conclusions to de novo review.” United States v. Romain, 393 F.3d 63, 68 (1st Cir.2004). This means that, “[a]bsent an error of law, we will uphold a refusal to suppress evidence as long as the refusal is supported by some reasonable view of the record.” United States v. Lee, 317 F.3d 26, 29-30 (1st Cir. 2003).

A. Reasonable Suspicion.

In this case, as in virtually every such case, the existence vel non of reasonable suspicion is factbound. Consequently, “[w]e recount the relevant facts as the trial court found them, consistent with record support.” Id. at 30. Our canvass here is limited to the facts known to Officer Golden at the time of the stop.

The robbery of the cell phone store took place in midday, and the robbers fled on foot. The store clerk (whom they had bound) hopped to the front counter, hit the panic alarm, and initiated a 911 call. This call prompted a radio dispatch that alerted police in the area to the robbery. 3

Officer Golden, who was on patrol in his marked cruiser near the robbery scene, headed for the store. He then monitored a second dispatch informing him that two black men were involved in the robbery and were fleeing on foot down Moultrie St. (a street in close proximity to the robbed store). The officer proceeded down Moul-trie St. and saw a resident raking leaves. The leaf-raker told Officer Golden that he had just seen two black men running down the street and heading away from the store. A third dispatch noted that the robbers were armed and wearing dark, heavy clothing.

When Officer Golden reached the end of Moultrie St., he turned left on Allston St. and immediately left again onto Kenwood St. (heading back toward the store). Just as he turned onto Kenwood St. — approximately an eighth of a mile from the store — Officer Golden noticed two black pedestrians walking in a direction that led away from the crime scene. The heavier-set man, later identified as the appellant, was wearing a black pea coat and blue jeans. The leaner man, later identified as Brown, was wearing a maroon or purple hooded sweatshirt and black pants. About five minutes had elapsed since the first dispatch, and Officer Golden had seen no other people afoot in the area.

*97 The officer stopped his marked cruiser in the middle of the street, emergency lights flashing, and approached the two men. He did not draw his weapon, but he placed his hand on his holster. He told the duo that a robbery had taken place at a nearby cell phone store and explained that they matched the description of the suspects. He ordered them to show their hands and they complied. The parties agree that, at this juncture, the men were seized within the meaning of the Fourth Amendment.

It is against this factual backdrop that we turn to the contention that Officer Golden lacked the quantum of suspicion required to effect an investigatory stop. The Fourth Amendment protects persons from “unreasonable searches and seizures.” U.S. Const, amend. IV. This prophylaxis extends to temporary investigatory detentions falling short of arrest. See Terry v. Ohio, 392 U.S. 1, 19, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); United States v. Chhien, 266 F.3d 1, 5-6 (1st Cir.2001). Such a detention, commonly called a Terry

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Bluebook (online)
764 F.3d 92, 2014 U.S. App. LEXIS 16240, 2014 WL 4177373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arthur-ca1-2014.