United States v. Ruidiaz

529 F.3d 25, 2008 WL 2375090
CourtCourt of Appeals for the First Circuit
DecidedJune 12, 2008
Docket07-1988
StatusPublished
Cited by52 cases

This text of 529 F.3d 25 (United States v. Ruidiaz) 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. Ruidiaz, 529 F.3d 25, 2008 WL 2375090 (1st Cir. 2008).

Opinion

529 F.3d 25 (2008)

UNITED STATES of America, Appellee,
v.
Florentino RUIDÍAZ, Jr., Defendant, Appellant.

No. 07-1988.

United States Court of Appeals, First Circuit.

Heard May 7, 2008.
Decided June 12, 2008.

*26 Robert S. Sinsheimer, with whom Lauren M. Thomas and Denner Pellegrino, LLP were on brief, for appellant.

James E. Arnold, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

*27 Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

SELYA, Senior Circuit Judge.

Charged with being a felon in possession of a firearm and ammunition, defendant-appellant Florentino Ruidíaz, Jr., attempted to suppress the most damning evidence against him. The district court denied the motion. The defendant thereafter entered a conditional guilty plea, reserving the right to challenge that order.

Following the imposition of sentence the defendant, acting on the reservation, instituted this appeal. We conclude that the police acted reasonably under the circumstances and, accordingly, uphold the lower court's refusal to suppress the evidence in question.

I. BACKGROUND

In reviewing the disposition of a motion to suppress, "[w]e recount the relevant facts as the trial court found them, consistent with record support." United States v. Lee, 317 F.3d 26, 30 (1st Cir.2003). The venue of the events at issue here is Brockton, Massachusetts.

Not long after midnight on July 17, 2005, a 911 caller reported a shooting. The caller told the dispatcher that he was a neighbor, situated at or near 126 French Avenue. He said that he had heard gunfire on the street and that those involved were wearing red shirts. Pertinently, the caller stated that the shooter or shooters were in a green Mercedes Benz parked on the street at the French Avenue address.

The dispatcher received the caller's assurance that the police could return the call and confirmed the telephone number from whence the call had originated. At no time did the caller furnish his name. Moreover, he warned that he would not be on the street when the officers arrived.

News of the reported shooting was transmitted immediately to the Brockton police department. Officers Thomas Hyland and Brian Benvie, who as personnel seconded to the "impact shift" were designated to handle calls about dangerous situations, responded. Both officers were veterans of the force: each had worked as a Brockton policeman for at least seven years; each had made many arrests and dealt extensively with armed suspects; and each was aware that the locus of the incident was within a notorious high-crime area.

The 911 dispatcher told the officers what he had learned from the caller. Officer Hyland, having been trained in the workings of the 911 system, knew that callers' telephone numbers were automatically disclosed and recorded by the system.

Within five minutes of receiving the report, the two officers reached 126 French Avenue. Upon their arrival, they observed a green Mercedes parked on the wrong side of the street (i.e., facing the wrong way), partially on the sidewalk. The vehicle's front passenger door was fully ajar and jutted out into the street. As positioned, the Mercedes was in obvious violation of at least two dictates embodied in a municipal ordinance. See Brockton Rev. Ords. ch. 12, art. 4, § 12-71.

The officers approached the car and shined their flashlights into it. They observed the defendant slumped over in the front passenger seat. The district court did not make a finding about the color of the defendant's shirt.

The defendant did not respond to the flashlight beams. Concerned that he might be either injured or dead, Officer Hyland reached into the vehicle, touched the defendant's shoulder, and asked if he was okay. The defendant replied profanely, "Are you f ____ okay?" Startled by *28 this outburst, Officer Hyland began to worry that the defendant might be a shooter, not a victim. Fearing that the defendant might be armed, the officer asked him to step out of the car. The defendant replied either "Why do you want me out of the f ____ car?" or "Why the f ____ do you want me out?" The officer then grabbed the defendant's right arm and pulled him from the vehicle.

At this point, Officer Benvie came to his partner's assistance. He grabbed the defendant's left arm and helped to force the defendant to the ground. By that time, another police cruiser had arrived. A third patrolman, Officer Nazaire Paul, conducted a pat-frisk that disclosed a loaded handgun tucked into the defendant's waistband. An arrest followed.

A search of the surrounding area revealed nothing of consequence. Officer Benvie tried the 911 caller's telephone number and spoke to someone, but the person would not identify himself.

We fast-forward to August 24, 2005, when a federal grand jury indicted the defendant on a single count of being a felon in possession of a firearm and ammunition. See 18 U.S.C. § 922(g)(1). After the usual formalities (not relevant here), the defendant moved to suppress the gun and ammunition. He argued that the police had acquired that evidence in violation of the Fourth Amendment. The government opposed the motion.

The district court conducted an evidentiary hearing. It ultimately denied the motion from the bench. The court found that the government had proved by a preponderance of the evidence that the officers' actions were reasonable under the circumstances. The court later memorialized its findings and conclusions in a well-reasoned rescript. See United States v. Ruidíaz, Crim. No. 05-10214, slip op. (D. Mass. June 28, 2007) (unpublished).

On January 17, 2007, the defendant entered a conditional guilty plea, see Fed. R.Crim.P. 11(a)(2), reserving the right to appeal the denial of his suppression motion. The district court sentenced him to serve a 180-month incarcerative term. This timely appeal followed.

II. DISCUSSION

This appeal tests the limits of a so-called Terry stop. See Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The defendant contends that the police lacked sufficient legal justification to order him from the Mercedes, effect his removal, and frisk him. In order to place his contention in context, we first erect the legal framework applicable to Terry stops and then apply that framework to the facts as supportably found by the district court. Our standard of review for orders granting or denying suppression is familiar: we scrutinize the district court's factual findings for clear error and evaluate its conclusions of law (including its constitutional determinations) de novo. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Chhien, 266 F.3d 1, 5 (1st Cir.2001).

A. The Legal Framework.

Because even a temporary police detention constitutes a seizure under the Fourth Amendment, that detention must be reasonable in order to pass constitutional muster.

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Bluebook (online)
529 F.3d 25, 2008 WL 2375090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ruidiaz-ca1-2008.