United States v. Ruckes

586 F.3d 713, 2009 WL 3719209
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 9, 2009
Docket08-30088
StatusPublished
Cited by25 cases

This text of 586 F.3d 713 (United States v. Ruckes) 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. Ruckes, 586 F.3d 713, 2009 WL 3719209 (9th Cir. 2009).

Opinion

586 F.3d 713 (2009)

UNITED STATES of America, Plaintiff-Appellee,
v.
Adrick Elijah RUCKES, Defendant-Appellant.

No. 08-30088.

United States Court of Appeals, Ninth Circuit.

Submitted November 9, 2009[*].
Filed November 9, 2009.

*714 Jeffrey C. Sullivan and Helen J. Brunner, United States Attorney for the Western District of Washington, Seattle, WA, for the plaintiff-appellee.

Miriam Schwartz, Office of the Federal Public Defenders for the Western District of Washington, Tacoma, WA, for the defendant-appellant.

Before: RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges, and THOMAS M. REAVLEY,[**] Senior Circuit Judge.

TALLMAN, Circuit Judge:

Adrick Ruckes ("Ruckes") was convicted of being a felon in possession of a firearm and possessing cocaine base with the intent *715 to distribute following a search of his automobile. He moved to suppress the evidence discovered during that search: a 9mm handgun and over six grams of crack cocaine. After an evidentiary hearing, Judge Franklin D. Burgess of the Western District of Washington denied his motion.

Ruckes entered a conditional guilty plea and filed this timely appeal. He maintains that Washington State Trooper Kenyon Wiley's search was not valid incident to his arrest because he was not arrested until after contraband was located within the vehicle. Following the district court's analysis, the government proffers two alternative theories for upholding the conviction. First, it argues that the search was proper because, under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), when officers have probable cause to effect a full custodial arrest of a vehicle's recent occupant, a search of the passenger compartment of the vehicle is warranted. Second, to the extent the search was not incident to Ruckes's arrest, the firearm and cocaine would have been discovered during a routine inventory search of the vehicle after impound. The district court relied on both grounds to uphold the search.

After this case was submitted for decision, the Supreme Court handed down Arizona v. Gant, ___ U.S. ___, 129 S.Ct. 1710, 1719, 173 L.Ed.2d 485 (2009), which limits the applicability of Belton to situations where (1) "the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search," or (2) it is "reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle." (Internal quotation marks and citation omitted). Because we find that Trooper Wiley's search of Ruckes's vehicle does not fit within either of these two narrow situations to satisfy the search-incident-to-arrest exception to the warrant requirement, we hold that this search cannot be sustained on this theory under the Fourth Amendment. However, because the district court did not err in alternatively holding that the drugs and firearm would have been uncovered during a routine inventory search of the vehicle upon impound, we affirm its denial of the motion to suppress under the doctrine of inevitable discovery.

I

On September 2, 2006, Trooper Wiley conducted a traffic stop of a blue Toyota that was traveling fifteen miles per hour over the posted speed limit on Interstate Highway 5 near Tacoma, Washington. Trooper Wiley asked its driver, Ruckes, for his driver's license, car registration, and proof of insurance, and also notified Ruckes that the encounter was being recorded by video and audio devices. Ruckes informed Trooper Wiley that he had neither a license nor any other form of identification. During this exchange, Trooper Wiley observed that the car's open center console contained loose money and a prescription bottle with the label removed.

Trooper Wiley asked Ruckes to step out of the vehicle and completed a pat-down search of his person before placing him in the backseat of the patrol car. Once inside the cruiser, Trooper Wiley asked for Ruckes's full name and date of birth. He then ran a computer check, which revealed that Ruckes was driving on a license that had been suspended to enforce child support payments.

Trooper Wiley then asked whether, when he searched Ruckes's vehicle, he would find any contraband or illegal materials. When Ruckes questioned the reason for the search, Trooper Wiley responded that Ruckes's suspended license offense warranted his arrest as well as an inspection *716 of the vehicle. Trooper Wiley further explained that because Ruckes had been ticketed for driving on a suspended license in the past, it was permissible to impound the car for thirty days. He asked if anyone else was available to take control of the vehicle, and Ruckes admitted that while the car belonged to his mother, she would probably be unable to remove it from the side of the freeway. Trooper Wiley testified at the suppression hearing that he would not have permitted Ruckes to drive the car away due to his suspended license, and though he might have considered permitting the owner—Ruckes's mother—to take possession of the vehicle, she was unavailable to do so. At the conclusion of the hearing, the district court found that Trooper Wiley was going to impound Ruckes's car.

Trooper Wiley then proceeded to conduct a search of the vehicle. Following this first search, he returned to the patrol car and placed Ruckes in handcuffs. By way of explanation, Trooper Wiley noted that he initially found a large bottle of crack cocaine sitting in the vehicle's center console. Trooper Wiley again left the patrol car, and continued searching Ruckes's automobile, where he next uncovered a loaded 9mm handgun under the driver's seat. He used his portable radio to report discovery of the weapon, and finally returned to the patrol car to administer Miranda warnings to Ruckes.

On May 17, 2007, the Grand Jury indicted Ruckes on three federal charges: (1) being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1); (2) possessing cocaine base with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B); and (3) possessing a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Ruckes filed a motion to suppress the incriminating evidence, arguing that because Trooper Wiley failed to make a formal arrest prior to the search of his vehicle, the search was not valid incident to arrest.

The district court denied Ruckes's motion, concluding that Trooper Wiley possessed the requisite probable cause to arrest Ruckes at the time he conducted the search, and therefore it was a proper search incident to arrest. In the alternative, Judge Burgess ruled that because the officer would have impounded the car anyway, the evidence would inevitably have been discovered during inventory of the vehicle's contents. On January 4, 2008, Ruckes conditionally pleaded guilty to being a felon in possession of a firearm and possession of cocaine base with the intent to distribute, and he reserved the right to appeal the district court's suppression determination.

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Cite This Page — Counsel Stack

Bluebook (online)
586 F.3d 713, 2009 WL 3719209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ruckes-ca9-2009.