United States v. Paul Merez Graham

323 F. App'x 793
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 20, 2009
Docket08-14434
StatusUnpublished
Cited by5 cases

This text of 323 F. App'x 793 (United States v. Paul Merez Graham) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Paul Merez Graham, 323 F. App'x 793 (11th Cir. 2009).

Opinion

PER CURIAM:

Paul Merez Graham appeals from the district court’s denial of his motion to suppress evidence found during a search of his vehicle and incriminating post-arrest statements made at the police station. First, he argues that police officers violated his Fourth Amendment rights by approaching and surrounding his parked vehicle without reasonable suspicion. Second, he argues that his incriminating statements were involuntary because the questioning officer informed Graham that cooperating would benefit him. For the reasons set forth below, we affirm.

I.

A federal grand jury returned a second superseding indictment against Graham, charging him with possession with intent to distribute controlled substances, in violation of 21 U.S.C. § 841(a)(1) (Counts One and Four), use of a firearm during a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1)(A)(i) (Counts Two and Five), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (Counts Three and Six).

Graham filed a motion to suppress, arguing first that the court should suppress a firearm and controlled substances discovered during a warrantless search of his vehicle. Specifically, he submitted, inter alia, that the search violated his Fourth Amendment rights because the law en *795 forcement officers lacked reasonable suspicion to initially “surround” and “detain” Graham in the vehicle. Second, Graham argued that the court should suppress incriminating statements because the officers did not advise him of his Miranda 1 rights, in violation of the Fifth Amendment. Graham also argued that his statements were involuntary because the officers told him that “he could work off or down charges in exchange for his providing information and assistance.”

A magistrate judge held a hearing on the suppression motion, and the government called Detective Tommy Conway, an investigator for the Montgomery Police Department (“MPD”), who testified as follows. On January 10, 2006, at approximately 4 p.m., Conway received an anonymous tip that a man named Paul Graham would be going to a particular Pizza Hut to deliver cocaine to “some guys in an older model Cadillac.” The tipster told Conway that Graham would be en route shortly and would be driving a small, red car. Conway assembled a team of five or six officers, who went to the Pizza Hut. Except for one SWAT vehicle that was in the area, all of the officers drove unmarked vehicles, including Conway, who was accompanied by a Captain Hughes.

While Conway was at the Pizza Hut waiting for the cars to arrive, he received another call from the tipster, who told him that Graham was on his way and would be showing up in a few minutes. Five to ten minutes later, a small, red car with two people inside pulled into the Pizza Hut parking lot, slowly circled around the parking lot, and then parked in the back of the lot. While the officers continued to wait for the Cadillac to show up, Conway observed the red car pull out of the space, slowly drive around the parking lot, and return to the same parking spot. Because this behavior suggested that the car was casing the Pizza Hut for a robbery, Conway decided to pull up next to the red car to “see what they’re up to.”

Conway testified that he pulled his vehicle up next to the red car in a manner that would “block [him] from jumping and running because [he] couldn’t open the door.” He explained that, “just like ... a regular parking place, if ... the person beside you has the door all the way open, you can’t open your door. So we parked right beside him.” Immediately after Conway pulled up next to the red car and Captain Hughes opened his door, Hughes alerted Conway that he saw a gun inside the red car. At that time, Conway and Hughes removed the driver, later identified as Graham, the passenger, and the weapon from the vehicle. When asked where the other officers were at this time, Conway stated that two units responded, parking behind and to the side of Graham’s car.

Conway testified that they ultimately found drugs in the car and took Graham back to the police station. At the station, and with a Sergeant Mercado as a witness, Conway read Graham his Miranda rights. Conway then testified as follows:

GOVERNMENT: And after you read Mr. Graham’s rights — well while you were reading them, was he talking? What was he doing?
CONWAY: He was talking the whole time to us. He was cooperating with us. He was telling us that the guy in the car was a friend of his he just picked up. That everything in the car was his. And I told him to just hold on. After we got to the office, after reading his rights [h]e told me where the marijuana and cocaine ... came from, and that he wanted to cooperate *796 and assist us in making a case against that person.
GOVERNMENT: When you read Mr. Graham his rights, was he listening to you?
CONWAY: Yes, sir.
GOVERNMENT: Did you believe that he understood his rights after you read it to him?
CONWAY: Yes, sir.
GOVERNMENT: And that he then proceeded to waive his rights to remain silent voluntarily?
CONWAY: Right.
GOVERNMENT: You said that he told you he wanted to cooperate?
CONWAY: Yes.
GOVERNMENT: Did you make any promises to him at that time about what kind of prosecution he would be facing, or what you would do for him?
CONWAY: We didn’t make any promises. We were suppose[d] to meet back up with him the next day, and I gave him my cell phone number and he was released.
GOVERNMENT: And so just to be clear, he was the one who told you he wanted to cooperate?
CONWAY: Right.

Conway testified that Graham subsequently called Conway later that day and informed him that he no longer wished to cooperate. Several months later, Graham was indicted and arrested.

On cross-examination, Conway reiterated that Graham “wanted to talk.” The following colloquy then took place:

DEFENSE COUNSEL: All right. And you talked with him about cooperating, correct?
CONWAY: Correct.
DEFENSE COUNSEL: Would it be correct that the goal of his cooperating would be that he could work off or work down a charge, is that correct?
CONWAY: I don’t think we actually discussed anything as to what he would receive or anything like that. We just at that point, he just wanted to cooperate. He wanted to do something to help [himself] out.

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Bluebook (online)
323 F. App'x 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paul-merez-graham-ca11-2009.