United States v. Golab

325 F.3d 63, 2003 U.S. App. LEXIS 6538, 2003 WL 1793047
CourtCourt of Appeals for the First Circuit
DecidedApril 7, 2003
Docket02-1501
StatusPublished
Cited by8 cases

This text of 325 F.3d 63 (United States v. Golab) 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. Golab, 325 F.3d 63, 2003 U.S. App. LEXIS 6538, 2003 WL 1793047 (1st Cir. 2003).

Opinion

*65 STAHL, Senior Circuit Judge.

The United States appeals from a district court order allowing defendant-appel-lee Stanislaw Golab’s motion to suppress evidence seized from his car. We affirm.

I. BACKGROUND

The following facts are undisputed. On July 6, 2001, Golab’s car was searched by Immigration and Naturalization Service Special Agent Mark Furtado. Furtado was a fourteen-year veteran of the INS’s law enforcement branch and was the Supervisory Special Agent in charge of the INS field office in Manchester, New Hampshire.

Based on his experience, Furtado was aware that one form of alien smuggling involved out-of-state residents transporting aliens to Social Security Administration (“SSA”) offices in New Hampshire to help them fraudulently obtain Social Security cards. In March, 1999, his office had made several arrests in connection with a smuggling scheme that involved the use of a van with New Jersey license plates bringing aliens from the New York City area to New Hampshire SSA offices.

On July 2, 2001, Furtado learned that within the past two weeks, an alien had applied for a Social Security card using a counterfeit visa at the SSA office in Manchester, New Hampshire. On the application form, the applicant listed as a mailing address a New Hampshire Mail Boxes, Etc. facility. Furtado knew from experience that aliens making fraudulent applications typically listed businesses such as Mail Boxes, Etc., as their addresses.

On the morning of July 6, 2001, the manager of the Concord, New Hampshire SSA office called Furtado and told him that an individual named Zenon Kulesza was in the office and had applied for a Social Security card using a non-immigrant I-visa. Furtado checked INS records and learned that Kulesza had entered the United States as a non-immigrant visitor for pleasure, an indication that the I-visa and application were fraudulent.

Furtado immediately drove to the Concord SSA office with INS Deportation Officer Joseph Anoli. After they arrived, Anoli confirmed by telephone that Kulesza was still at the office. Furtado, believing that Kulesza would have an accomplice, drove around the Concord SSA office parking lot looking for an occupied car with out-of-state license plates. 1 Furtado was driving an unmarked white Ford Crown Victoria equipped with a radio antenna and a cell phone antenna.

There were approximately twenty-five to thirty cars in the Concord office parking lot, but none of them were occupied. Fur-tado testified that he did notice an occupied car in a nearby lot, however. This lot was located adjacent to a commercial office building; it was separated from the Concord SSA office lot by a grassy area, but accessible via a driveway approximately one hundred yards long. A road led from this lot directly to the public street, Horseshoe Pond Road.

As Furtado drove down the access road to approach the occupied car, it pulled out of its parking space. The car turned down the access road, heading directly toward Furtado’s approaching vehicle. Furtado saw that the car had a Vermont license plate. Suspecting that the driver was Kulesza’s out-of-state accomplice and was trying to leave the area, Furtado stopped the car by meeting it nose-to-nose with his own vehicle. He directed the driver to back up into a parking space.

*66 Furtado and Anoli approached the car and took the keys. Furtado saw a woman lying on the back seat. After determining that she was an undocumented foreign national without authorization to be in the United States, he arrested her. He searched the back seat of the car, finding little. After the driver was unable to provide a passport, the officers arrested him for being an undocumented alien. A second search of the car yielded a passport with what Furtado suspected was a counterfeit visa.

On August 22, 2001, Golab, the car’s driver, was indicted by a federal grand jury on three counts of bringing in and harboring aliens under 8 U.S.C. § 1324(a)(l)(A)(iv) and three counts of fraud and misuse of visas under 18 U.S.C. § 1546(a). On March 8, 2002, Golab filed a motion to suppress the evidence seized from his car on the ground that the search resulted from an illegal stop. On April 18, 2002, the district court held an evidentiary hearing. It ruled from the bench that the stop of Golab’s car was not supported by reasonable suspicion and allowed the motion to suppress. The government appeals.

II. DISCUSSION

Our review of the district court’s allowance of the motion to suppress, including its determination that the officer lacked reasonable suspicion, is plenary. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). We review findings of historical fact for clear error, and give “due weight to inferences drawn from those facts by resident judges and local law enforcement officers.” Id.

In Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court held that the Fourth Amendment permits an officer to conduct a brief investigatory stop on the basis of a reasonable, articulable suspicion that criminal activity is afoot. While “reasonable suspicion” is a less demanding standard than probable cause, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). The officer must be able to articulate more than an “inchoate and unparticularized suspicion or ‘hunch’ ” of criminal activity. Terry, 392 U.S. at 27, 88 S.Ct. 1868. In reviewing a determination of reasonable suspicion, we examine the “totality of the circumstances” of each case to see whether the detaining officer has a “particularized and objective basis” for suspecting legal wrongdoing. United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002).

Applying these standards, we agree with the district court that there was no objectively reasonable suspicion to justify a Terry stop of the car in light of the totality of the circumstances. The basis for the stop amounted to no more than an impermissible hunch. Terry, 392 U.S. at 27, 88 S.Ct. 1868.

First, the car was not in the SSA office parking lot, which contained a number of vehicles as well as many empty spaces. Rather, it was in a different lot associated with a commercial office building, separated by a grassy area and a lengthy access road. Also, a very short time elapsed between when Furtado first saw the car and when he stopped it, somewhere between fifteen seconds and a minute.

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Bluebook (online)
325 F.3d 63, 2003 U.S. App. LEXIS 6538, 2003 WL 1793047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-golab-ca1-2003.