United States v. Dennis B. Moses

796 F.2d 281, 1986 U.S. App. LEXIS 27732
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 5, 1986
Docket85-1349
StatusPublished
Cited by17 cases

This text of 796 F.2d 281 (United States v. Dennis B. Moses) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Dennis B. Moses, 796 F.2d 281, 1986 U.S. App. LEXIS 27732 (9th Cir. 1986).

Opinions

SNEED, Circuit Judge:

The United States appeals from the district court’s suppression of a car trunk key found in defendant Dennis Moses’ pocket. The district court found that the government agents lacked probable cause to arrest Moses and that the key would not have been inevitably discovered. We reverse and remand.

I.

FACTS AND PROCEEDINGS BELOW

On the afternoon of July 25, 1985, officers of the Sacramento Countywide Narcotics Task Force, the California Bureau of Narcotics Enforcement (BNE), and other state and federal agencies began their surveillance of several people suspected of manufacturing phencyclidine (PCP). The officers observed Moses, Robert Dorris, and Jose Flores purchasing chemicals consistent with the manufacture of PCP at Grau-Hall Chemical Company. The three suspects then drove away in a 1983 Ford. The officers followed the suspects to a Super 8 Motel and then to a grocery store, where the three men bought five bottles of distilled water. The caravan moved on to a drugstore, where Moses and a woman purchased four 32-gallon trash cans, a funnel, a mop handle, and some strainers; Moses paid for the items. The suspects then brought the purchased items to Dorris’ house at 7381 Alcedo Circle in Sacramento.1 Officers followed the Ford to the Super 8 Motel, where it remained throughout the night.

At approximately 9:30 a.m. on June 26, BNE Agent Mclntyire, the case agent for the investigation, obtained search warrants for Dorris, for Dorris’ house, for a 1976 Cadillac that had also been followed, and for the 1983 Ford. Mclntyire testified that she did not obtain a warrant for Moses at that time because she did not know his identity. See Reporter’s Transcript (R.T.) at 128-29.

The officers had planned to execute the search warrant for the Ford while detaining its occupants at the motel, but the occupants drove away, heading toward Dorris’ residence. At this time, Flores drove the Ford, Moses rode in the front on the passenger side, and two women rode in the back. Two cars followed the Ford. In one car was Agent Hegseth of the Sacramento Sheriff’s Office, and two DEA agents were in the other. As the Ford [283]*283approached Dorris’ house, DEA agent Hardin, the driver of the latter car, attempted to stop the Ford. Hardin testified that, because he had not been able to reach officers located at Dorris’ house to warn them of the Ford’s arrival, he thought it prudent to stop the car en route to the house. The driver of the Ford made an abrupt and rapid left turn and, by the time the officers were able to block the Ford from leaving, the group was only two blocks from Dorris’ house.

Agent Hegseth drew his gun and ordered the Ford’s occupants to leave the car and lie on the ground; the suspects complied, and the officers handcuffed them and frisked them for weapons. Hardin decided to transport both the Ford and its occupants to Dorris’ residence for the following reasons: first, the group was only two blocks away from the house; second, it was a hot day; third, both the chemist and the case agent were at the house; and fourth, the suspects had been heading in the direction of the house at the time the officers stopped them.

Sacramento Police Officer Jones, a narcotics officer, drove Moses to Dorris’ house. Jones noticed Moses, whose hands had been handcuffed behind him, fumbling around in the back pocket of his pants. When Jones asked Moses what he was doing, Moses did not answer. A short time later, Moses began reaching toward his back pocket again. When Jones noticed this movement, he took Moses out of the car and searched him, finding a Ford trunk key and a piece of paper. When everyone was gathered at Dorris’ house, the officers searched the trunk of the Ford, using the key that Jones had retrieved. Nine pounds of piperidino-cyclohexane carbonitrile (PCC), a chemical used to manufacture PCP, were found inside the trunk.

The district court granted Moses’ motion to suppress the key, finding first, that Moses had been subjected to a warrantless arrest and had not merely been detained incident to a search, second, that the officers had not had probable cause to arrest Moses when they stopped the Ford, and third, that the key would not have been inevitably discovered. The government in this appeal insists that the district court’s probable cause and inevitable discovery rulings are erroneous.

II.

DISCUSSION

A. Standard Of Review

We review the district court’s determination of probable cause de novo, see United States v. McConney, 728 F.2d 1195, 1203 (9th Cir.) (en banc), cert. denied, — U.S. —, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), but we review for clear error those findings of fact on which the district court based its determination, see United States v. Smith, 790 F.2d 789, 791-92 (9th Cir.1986).

B. Probable Cause

“Probable cause to arrest arises when police officers have facts and circumstances within their knowledge sufficient to warrant a reasonable belief that the suspect had committed or was committing a crime.” United States v. Fouche, 776 F.2d 1398, 1403 (9th Cir.1985). The district court found that no probable cause existed for Moses’ arrest.2 We disagree.

At the time that the officers detained the suspects in the Ford, they had seen Moses and two others buying chemicals consistent with the manufacture of PCP, and they had observed Moses and his cohorts purchasing large quantities of other items consistent with the manufacture of the drug. This is not a case in which a defendant bought, over a long period of time, several items consistent with ordinary household uses. During a single day, Moses’ group bought, a large quantity of chemicals (the search yielded nine pounds), five bottles of distilled water, four 32-gallon trash cans, a funnel, a mop handle, and [284]*284strainers. This tight-knit group then kept company for the rest of that night and into the next day. Although ordinary citizens might not associate this type of behavior with drug manufacturing, “it is important to recall that a trained law enforcement agent may be ‘able to perceive and articulate meaning in given conduct which would be wholly innocent to the untrained observer.’ ” United States v. Mendenhall, 446 U.S. 544, 563, 100 S.Ct. 1870, 1882, 64 L.Ed.2d 497 (1980) (Powell, J., concurring) (quoting Brown v. Texas, 443 U.S. 47, 52 n. 2. 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979)).

United States v. Hillison, 733 F.2d 692 (9th Cir.1984), does not support the claim that Moses’ mere association with the group is insufficient to establish probable cause. In that case, we discussed the requirements for finding “probable cause based on association”:

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United States v. Dennis B. Moses
796 F.2d 281 (Ninth Circuit, 1986)

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Bluebook (online)
796 F.2d 281, 1986 U.S. App. LEXIS 27732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dennis-b-moses-ca9-1986.