United States v. Ronald Ray Diaz

491 F.3d 1074, 2007 U.S. App. LEXIS 14837, 2007 WL 1791980
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 22, 2007
Docket06-30029
StatusPublished
Cited by34 cases

This text of 491 F.3d 1074 (United States v. Ronald Ray Diaz) 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. Ronald Ray Diaz, 491 F.3d 1074, 2007 U.S. App. LEXIS 14837, 2007 WL 1791980 (9th Cir. 2007).

Opinion

CLIFTON, Circuit Judge:

Government agents had a valid warrant to arrest Ronald Ray Diaz. They went to his house to arrest him, thinking he was home one weekday afternoon, as he had been in the past. When he didn’t respond they broke through the door and entered the house on their own, but Diaz wasn’t there and neither was anybody else. Inside the house, the agents discovered incriminating evidence. That evidence became the subject of a motion to suppress, denied by the district court, now before us on appeal.

The question we must consider is whether the agents, who had an arrest warrant but no search warrant at the time they entered the house and first spotted the evidence, had sufficient reason to believe Diaz was home to justify the entry. 1 If not, then they violated the Fourth Amendment by entering the house, and the evidence discovered in the subsequent search was inadmissible against Diaz.

The district court ruled that the agents had sufficient reason to believe Diaz was at home and therefore did not violate his constitutional rights when they entered. We agree and affirm the district court’s denial of Diaz’s motion to suppress.

*1076 I. Background

Diaz lived on the Fort Hall Indian Reservation in Idaho. He had previously been convicted of assault, battery with intent to commit rape, and failure to register as a sex offender. He worked from home as a mechanic and often had several cars at the house. He protected his property with dogs and security cameras.

In July 2003, police visited Diaz’s home and asked to look around. Diaz consented. In Diaz’s bedroom the police discovered an assault rifle and a “snort tube” used to inhale methamphetamine. Police also found a bong and marijuana rolling papers in Diaz’s kitchen. The snort tube and bong both tested positive for traces of methamphetamine.

The police went back to the house three or four more times over the next 18 months. Diaz usually answered the door, though once he took about 45 minutes to do so. Other people and many cars, including Diaz’s own black sport utility vehicle, were usually there, though Diaz was sometimes there when his car was not. Diaz told the officers they could usually find him at his house during the day, and in fact they usually did. Between July 2003 and January 2005, Diaz was absent only once when the officers went to his house.

On February 23, 2005, a grand jury charged Diaz with (1) being a drug user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3), and (2) being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). A warrant was issued for Diaz’s arrest. That afternoon, officers from several government agencies converged on Diaz’s house. Before knocking on the door, the agents tried to survey the house for some sign Diaz was there. Barking dogs and security cameras impeded their efforts, so the officers resorted to driving by the house a few times. On one of those passes, an agent saw two unidentified people standing next to a red SUV. Diaz’s black SUV was not in sight. Officers would later discover it in a nearby shed.

The agents surrounded the Diaz property. Within a few minutes, the red SUV drove away. The agents did not stop it. They did not identify who was driving and thought only one person was inside the vehicle; they surmised that the other person was still in Diaz’s house.

After an hour and a half, the agents approached Diaz’s house. They could not see inside because blankets covered the windows. The agents knocked on the door, announced their presence, and waited a reasonable time. No one answered. The agents used force on the door and entered.

Inside, they found no one, but one agent saw a plastic baggie, containing what appeared to be illegal drugs, in Diaz’s bedroom. The agents left the house, obtained a search warrant, and went back inside. In the subsequent search they seized a bag of methamphetamine and some drug equipment.

After discovering Diaz was not at home, the agents checked a nearby casino. They found Diaz there with his wife, Jamie, and arrested him.

Diaz filed a motion to suppress the evidence found during the February 2005 search. He argued that the agents exceeded the authority of their arrest warrant by entering his home when they had no reason to believe he was there. The district court denied Diaz’s motion after hearing testimony from government agents, Jamie Diaz, and Diaz himself. The court concluded that the agents had enough experience with Diaz to reasonably conclude that he was home, and that the presence of dogs, cameras, and blankets *1077 made it impossible for them to conclude he was not at home.

A jury eventually convicted Diaz on both counts. Diaz appealed, arguing that the district court erred in allowing the government to introduce evidence from the February 2005 search.

II. Discussion

We review de novo the district court’s denial of Diaz’s motion to suppress. See United States v. Decoud, 456 F.3d 996, 1007 (9th Cir.2006); United States v. Adjani, 452 F.3d 1140, 1143 (9th Cir.2006). We review the district court’s factual findings for clear error. United States v. Howard, 447 F.3d 1257, 1262 n. 4 (9th Cir.2006); United States v. Thomas, 447 F.3d 1191, 1196 n. 7 (9th Cir.2006).

A. The “reason to believe” standard

An arrest warrant gives government agents limited authority to enter a suspect’s home to arrest him if they have “reason to believe” he is inside. Payton v. New York, 445 U.S. 573, 603, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). The phrase “reason to believe” is interchangeable with and conceptually identical to the phrases “reasonable belief’ and “reasonable grounds for believing,” which frequently appeal' in our cases. See United States v. Gorman, 314 F.3d 1105, 1111 n. 4 (9th Cir.2002) (listing examples of the three phrases’ use and noting their identical meaning). The question of what constitutes an adequate “reason to believe” has given difficulty to many courts, including the district court in the present case. 2 The Supreme Court did not elaborate on the meaning of “reason to believe” in Pay-ton and has not done so since then.

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Bluebook (online)
491 F.3d 1074, 2007 U.S. App. LEXIS 14837, 2007 WL 1791980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-ray-diaz-ca9-2007.