United States v. Raul Soto

908 F.2d 209, 1990 WL 103731
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 2, 1990
Docket89-3321
StatusPublished
Cited by5 cases

This text of 908 F.2d 209 (United States v. Raul Soto) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Raul Soto, 908 F.2d 209, 1990 WL 103731 (7th Cir. 1990).

Opinion

FLAUM, Circuit Judge.

Raul Soto appeals from the district court’s denial of his motion to quash arrest and to suppress evidence obtained incident to his arrest, arguing that police did not have probable cause to arrest him. Soto pleaded guilty to one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and to one count of conspiracy and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Soto was sentenced to 63 months in prison on each count, to be served concurrently. Soto entered his plea on the condition that he be permitted to appeal the denial of the motion to suppress. We affirm.

I. FACTS

On June 28, 1988, Manuel Aponte, a special agent with the Federal Bureau of Investigation (FBI), was working undercover under the supervision of the Drug Enforcement Agency (DEA). On that date, Aponte purchased two ounces of cocaine for $1,600 from Martin Soria, Soto’s codefendant in the district court. Between June 28 and March 6, 1989, Aponte and Soria conducted negotiations leading to the arrangement of a larger purchase of cocaine — one involving five kilos costing $18,000 each. Aponte and Soria arranged to consummate the deal in the parking lot of a Wendy’s restaurant, located on Western Avenue, between 21st Street and 21st Place, in Chicago.

On March 6, Aponte arrived at the Wendy’s at around 3:20 p.m., wearing a transmitter. Additionally, seven to ten other undercover DEA agents staked out the area around the Wendy’s and monitored Aponte’s activities. At 3:30 p.m., Soria arrived in a car, alone. Agent Flores, who was. with Aponte, showed Soria that he had the money for the drugs, but Soria responded that his source was elsewhere. Soria proceeded to make a telephone call from a pay phone in the parking lot. After he finished on the phone, Soria told Aponte *210 that he was going to get the cocaine from his source, who was at 26th Street, five blocks south of Wendy’s. Aponte was to meet Soria back at Wendy’s an hour later. At this point, Soria left, driving southbound on Western Avenue.

At 5:30 p.m., Aponte returned to Wendy’s. Ten minutes later, Aponte saw a red Oldsmobile with a white top arrive from the south on Western Avenue. As the car approached Wendy’s, Aponte observed that Soria was a passenger in the car. The car turned eastbound into the Wendy’s lot, and Aponte saw Soria maneuver as if he were about to open the car door. Then, the driver, stipulated to be Soto, suddenly put the car in reverse, backed up slightly, then made a forward u-turn and screeched back onto Western Avenue travelling northbound. Aponte walked over to the street and looked, but did not see the Oldsmobile. Aponte relayed this information through his transmitter.

Shortly thereafter, Soria arrived again, from the north, this time on foot. Soria carried a brown paper bag with him. Aponte led Soria over to a pay phone, where Aponte opened the bag, which contained two kilos of cocaine. At this point, Aponte arrested Soria. About a minute and a half had elapsed since Soria’s arrival on foot.

While this was occurring, DEA agent Frank Tucci, who was surveilling the Wendy’s transaction from his car travelling westbound on 21st Place, saw the red Oldsmobile driven by Soto travelling eastbound on 21st Place. Tucci had received word via radio that Soria arrived at Wendy’s in a red Oldsmobile with a white top. When Tucci saw the car, he began watching it as it moved slowly down 21st Place, which borders on Wendy’s parking lot. The driver slowed the car to a stop and looked over to the spot by the pay phone where Soria and Aponte were conducting their deal. He watched for up to 15-30 seconds. Then, he drove further east on 21st Place, toward Western Avenue, and he stopped, again looking to his right toward Wendy’s for another 15 or so seconds. Finally, he drove slowly away, stopping at a stop sign at Western Avenue, onto which he made a southbound left turn. Tucci followed after Soto and located his car in the parking lot of a grocery store. Soto exited the grocery and returned to his car, at which time Tucci arrested him. Tucci recovered a paging device and a cellular telephone from Soto’s car.

Soto disputed Aponte’s and Tucci’s account of these events. The parties stipulated that if Soto were to testify, he would assert that when he first arrived at Wendy’s on March 6, 1989, he did not screech out of the Wendy’s parking lot. Second, he would state that after leaving the parking lot, he drove north on Western Avenue to 21st Street, where he turned right. He turned right, again, into an alley behind Wendy’s and then right onto 21st Place. He drove slowly westbound on 21st Place without stopping until he arrived at the intersection at Western Avenue, where he turned left.

On the day he was to be tried on drug charges stemming from the Wendy’s transaction, Soto filed a motion to quash his arrest and to suppress evidence found in the red Oldsmobile on the ground that police lacked probable cause to arrest him. After a hearing at which the above evidence was adduced, District Judge Nord-berg denied the motion.

II. STANDARD OF REVIEW

The law applicable on review of a district court’s denial of a motion to quash arrest and to suppress evidence for lack of probable cause is well settled. Soto’s arrest was accomplished without a warrant. Thus, it is valid under the fourth amendment only if supported by probable cause. United States v. Ingrao, 897 F.2d 860, 862 (7th Cir.1990). We rely on the district court’s factual findings unless they are clearly erroneous. Id. at 862; United States v. Price, 888 F.2d 1206, 1208 (7th Cir.1989) (citing United States v. Lima, 819 F.2d 687, 688 (7th Cir.1987). A finding is clearly erroneous “ ‘when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been *211 made.’” United States v. D'Antoni, 856 F.2d 975, 978 (7th Cir.1988) (citation omitted).

Our review of the district court’s finding of probable cause is de novo . Ingrao, 897 F.2d at 862. Police have probable cause to arrest an individual where “ ‘the facts and circumstances within their knowledge and of which they [have] reasonable trustworthy information [are] sufficient to warrant a prudent [person] in believing that the [suspect] had committed or was committing an offense.’ ” Ingrao, 897 F.2d at 862 (quoting United States v. Goudy, 792 F.2d 664, 668 (7th Cir.1986) and Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct.

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908 F.2d 209, 1990 WL 103731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-raul-soto-ca7-1990.