United States v. Gaines

457 F.3d 238, 2006 WL 2075130
CourtCourt of Appeals for the Second Circuit
DecidedJuly 20, 2006
DocketDocket No. 04-5616-CR
StatusPublished
Cited by45 cases

This text of 457 F.3d 238 (United States v. Gaines) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Gaines, 457 F.3d 238, 2006 WL 2075130 (2d Cir. 2006).

Opinion

GLEESON, District Judge.

Prince Gaines appeals from a judgment of the United States District Court for the Southern District of New York convicting him of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and sentencing him principally to a 92-month term of imprisonment. On appeal, Gaines argues, inter alia, that the district court erred by (1) denying his motion to suppress evidence; and (2) instructing the jury that his interest in the case “createfd] a motive for false testimony,” that he had a “deep personal interest” in the outcome of the trial, and that his testimony should be carefully scrutinized.

The judgment of conviction is vacated, and the case is remanded for further proceedings. The record is insufficiently developed to permit appellate review of the district court’s order denying the motion to suppress. As for the challenged jury instructions, we find error in the instruction that the defendant’s interest in the outcome of the case created a motive to testify falsely, and we prohibit the use of such instructions in future trials. We also express our disapproval of instructions that highlight a testifying defendant’s deep personal interest in the outcome of a trial. We recommend that a witness’s interest in the outcome of the case be addressed in the court’s general charge concerning witness credibility; if the defendant has testified, the trial court should tell the jury to evaluate the defendant’s testimony in the same way it judges the testimony of other witnesses.

FACTS

Prince Gaines was picked up by a livery cab at the corner of 167th Street and Findlay Avenue in the Bronx at approximately 11:30 p.m. on January 28, 2004. Almost immediately, the cab, which was owned and operated by Raul Juarez, was pulled over by Sergeant Ralph Cilento and Officer Ronald Schudde. Cilento approached the driver’s side of the cab. He opened the rear door, told Gaines to get out, and examined the rear of the cab. He found an inexpensive, inoperable, small-caliber handgun wedged in the space between the seat cushion and the seat back. Gaines was thereupon arrested. Because he was a convicted felon, he was charged with violating 18 U.S.C. § 922(g).

A. The Suppression Hearing on the Morning of Trial

The case was scheduled for trial on Monday, May 10, 2004. In a letter sent by facsimile the evening before, Gaines’s lawyer moved to suppress the gun seized from [241]*241the livery cab. The following morning, he explained why the motion came so late. Whereas the complaint filed on the day of the arrest had justified the stop of the cab by recounting the officers’ alleged observation that it lacked a safety partition,2 a police report that was disclosed on the eve of trial suggested a different reason: that the cab bore a sticker inviting safety checks by the police. Defense counsel also learned the day before trial that Sergeant Cilento had previously stopped Gaines for marijuana possession. Based on these newly-disclosed facts, together with the undisputed fact that the cab had no safety check sticker, Gaines moved to suppress on the ground that the police had illegally stopped the cab. Specifically, he contended that the cab was stopped not because of an observed traffic infraction, but because the officers had just seen Gaines get into it, and they had an interest in him.

•After expressing her annoyance at the United States Attorney’s office-wide policy regarding the timing of its disclosure of witness statements governed by 18 U.S.C. § 3500, and her resentment that a suppression hearing was made necessary by that policy even as a jury panel was waiting, the district judge reluctantly determined to “have the most narrow, narrow suppression hearing right now.”

Cilento testified that he and Schudde were in their patrol car directly behind the cab. Both cars were on the south side of the street. The cab had tinted windows, and it was almost midnight. Cilento pulled the cab over because he saw it had no safety partition between the front and back seats. He acknowledged the particular difficulty of seeing inside a car with tinted windows late at night, but nonetheless insisted that he observed the absence of a partition. Cilento admitted that the cab was equipped with a security camera and had a window sticker so indicating, which meant it was not required to have a partition. But he claimed not to have seen the window sticker before making the stop.3 He denied the defense allegation that he had stopped the cab because he had an interest in Gaines, asserting that he had “just caught a little glimpse of the person getting in” the cab, and did not know at the time who he was.

The defense called Detective Luke Waters, the case agent, who also testified, among other things, that the cab had tinted windows.

The district court denied the motion to suppress, stating as follows:

I appreciate the argument that tinted windows and nighttime do make it more difficult to see, but the witness said he did see, and there hasn’t been any reason offered as to why at the time he was not operating for the reasons that he stated he was.
So under the circumstances, while as I say I appreciate that it is obviously more difficult to see through tinted windows and more difficult to see at night than during the day, I found [Cilento’s] manner to be credible, and in the absence of some motive for him to have made this stop that was inappropriate, I am going to deny the suppression motion.

The court then proceeded to select a jury.

B. The Trial Testimony

At trial, Cilento again testified that the livery cab was stopped because he ob[242]*242served that there was no partition and because the cab had picked up a street hail. He added that while he was still in the police car, he observed through the tinted rear window that the passenger in the rear of the cab “got up on his knee, turned to the side and sat back down quickly.”

When Cilento opened the rear door of the cab, Gaines engaged him in some “quick banter” about things of no importance and appeared nervous. This aroused Cilento’s suspicion. Gaines was instructed to get out of the cab, and he complied. In the rear seat was a black plastic bag containing some personal items. Also, upon shining his flashlight into the back seat, Cilento observed a chrome object wedged into the “crevice” in the back seat, where the back rest meets the seat itself. It looked to Cilento like it could have been the chrome part of a seatbelt buckle. When he moved closer he saw it was the bottom of an upside-down handgun that had been wedged down into the crack of the seat.

Cilento then arrested Gaines. As the handcuffs were being placed on him, Gaines said “What are you doing? That’s not mine.”

Juarez, the driver of the cab, testified that the customer before Gaines had inspected the back seat for 30 to 40 seconds, finding nothing. Juarez further testified that he instructs all of his passengers to do that at the end of their rides. In direct contradiction of the arresting officers, Juarez testified that his cab did not have tinted windows.

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Bluebook (online)
457 F.3d 238, 2006 WL 2075130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gaines-ca2-2006.