United States v. Ruiz

832 F. Supp. 2d 903, 2011 WL 2197651, 2011 U.S. Dist. LEXIS 60552
CourtDistrict Court, M.D. Tennessee
DecidedJune 6, 2011
DocketCase No. 3:10-cr-00254
StatusPublished
Cited by1 cases

This text of 832 F. Supp. 2d 903 (United States v. Ruiz) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ruiz, 832 F. Supp. 2d 903, 2011 WL 2197651, 2011 U.S. Dist. LEXIS 60552 (M.D. Tenn. 2011).

Opinion

MEMORANDUM

ALETA A. TRAUGER, District Judge.

Pending before the court are the Motions to Suppress filed by defendant Luis Alberto Ruiz (Docket No. 43) and defendant Gerardo Ruiz (Docket No. 54), to which the government has filed responses (Docket Nos. 52 and 66). On March 18, 2011 and April 14, 2011, the court held an evidentiary hearing regarding the motions, after which the parties filed post-hearing memoranda (Docket Nos. 97, 98, 101, 110, and 111). The government then filed a Motion to Strike (Docket No. 113), to which the defendants have filed responses (Docket Nos. 114, 115). For the reasons discussed below, the court will grant the defendants’ motions and deny the government’s motion.

FACTS 1

On September 14, 2010, defendant Luis Alberto Ruiz (“Luis”) was driving south on Interstate 65 with his cousin, defendant Gerardo Ruiz (“Gerardo”),2 in the passenger seat. In Robertson County, Tennessee, they were pulled over for speeding by Lieutenant Shane Daugherty and Special Agent Travis Childers of the 17th Judicial District Drug and Violent Crime Task Force. During the stop, Daugherty received consent from Luis to search the car, and he discovered over one-half kilogram of heroin.

Both defendants have filed Motions to Suppress, pursuant to the Fourth and Fourteenth Amendments, seeking to suppress evidence of the heroin and any subsequent incriminating statements. The defendants primarily argue that the police lacked probable cause to make the initial traffic stop for speeding.

1. The Alleged Speeding Violation and the Subsequent Pursuit

On the afternoon of September 14, Lt. Daugherty’s patrol car was parked perpendicular to the median wall on I-65.3 Agent Childers, Daugherty’s partner for the day, was in the passenger seat. Although Childers does not typically ride on patrols, he was serving as a backup officer that day. (Tr. 156.)

At the evidentiary hearing, Daugherty testified that, as the black sedan driven by Luis (the “the Ruiz vehicle”) approached, he visually estimated that it was traveling at 80 mph in a 70-mph zone. (Tr. 22,117.) Daugherty stated that he then used his [906]*906patrol car’s radar unit to confirm that the vehicle’s speed was 79 mph.4 (Tr. 22.) He further stated that, as the sedan passed, he could see that the driver’s arms were stiffly locked at a 10-and-2 position on the steering wheel, which he considered unusual. (Tr. 90-91.) After the Ruiz vehicle passed, Daugherty pulled out and began pursuit.

The day after the traffic stop, Daugherty drafted a summary report (the “Report”) at the request of another officer who was drafting a federal criminal complaint against the defendants. (Tr. 68, 70; see also Pl.’s Ex. 21 (the Report).) The two-page, typed report stated, in relevant part:

I was sitting stationary at the 119-mile marker on 1-65 in Robertson County monitoring southbound traffic when I observed a black vehicle traveling the left lane that appeared to be speeding. I turned on my radar and locked the vehicle traveling 79 mph in a 70 mph zone. As the vehicle passed, I noticed there were two males in the Ford 500. The driver did not look over at me as he passed, his hands were positioned at 10 and 2 on the steering wheel and his elbows were straight.
When it was safe I pulled out into the flow of traffic and attempted to catch the vehicle. When I caught up to the Ford it was still in the left lane and had put a considerable amount of distance between it and the cars it was originally traveling near. I initiated my emergency equipment and the vehicle pulled over the shoulder [sic] of the interstate at the 113-mile marker.

(PL’s Ex. 21 at 1 (paragraph break added).)

The day after that, September 16, 2010, Daugherty prepared a case narrative (the “Narrative”) by copying the Report and adding several details. (Tr. 73; see PL’s Ex. 22 (the Narrative).) Specifically, the Narrative stated:

When I caught up to the Ford it was still in the left lane and had put a considerable amount of distance between it and the cars it was originally traveling near. I pulled beside the vehicle and paced the vehicle at 77 mph in a 70 mph zone for approximately 10 seconds. I pulled behind the Ford 500 and initiated my emergency equipment. The vehicle pulled over the shoulder [sic] of the interstate at the 118-mile marker.

(PL’s Ex. 22 at 1 (emphasis added).)

The dashboard camera in the patrol car recorded part of the pursuit of the Ruiz vehicle, as well as the entirety of the subsequent stop.5 As the video from the [907]*907dashboard camera begins, the Ruiz vehicle, a black Ford 500, is traveling in the right lane of the two-lane freeway. (Pl.’s Ex. 1 at time code 15:56:50 (video).) Daugherty, several car lengths back and driving in the left lane, is gaining ground on the Ruiz vehicle. After approximately 15 seconds, Daugherty has caught up completely and begins traveling alongside the Ruiz vehicle. He drives next to the Ruiz vehicle for approximately 10 seconds, then drops back, pulls into the right lane, and activates his emergency lights, at which point the Ruiz vehicle pulls over to the side of the road.

The defendants offered Todd Hutchison, an accident reconstruction expert, as an expert witness. Hutchison opined that, from the beginning of the dashboard camera video to the time the Ruiz vehicle begins to slow down, the Ruiz vehicle was traveling at a constant speed of approximately 69 mph or 70 mph.6 (Tr. II 24-25; Def.’s Ex. 4 at 2-3 (Hutchison’s report).) On cross examination, the government did not challenge this conclusion. Hutchison’s conclusion corroborates the testimony of defendant Luis Ruiz, who stated that, at all relevant times, he was driving on cruise control at 69 mph.7 (Tr. 192.) Luis testified that he did this because he was illegally driving on a learner’s permit and did not want to get stopped. (Tr. 192.)

Notably, the testimony of Agent Childers offered no support for the assertion that the Ruiz vehicle was ever speeding. Childers stated that, as the Ruiz vehicle approached, he heard the radar squelch, so he looked at the occupants of the vehicle.8 (Tr. 161.) The squelch indicates that a car has crossed the radar’s beam; the faster a car goes, the higher-pitched the squelch. (Tr. 182.) Childers testified that he is not familiar enough with the radar unit to know, based on pitch, if the Ruiz vehicle was speeding. (Tr. 182.) He also testified that he did not recall visually judging the speed of the Ruiz vehicle. (Tr. 172.) Moreover, despite the fact that the radar unit’s readout is a large display in the middle of the patrol car’s dashboard (see Pl.’s Ex. 28), Childers testified that he never looked to see the speed listed on the readout (Tr. 162,180-81).

Childers stated that, when the patrol car pulled out, he “didn’t really make any assumption as to whether [the Ruiz vehicle] was speeding or not.” (Tr. 172.) He further testified that he never looked at the patrol car’s speedometer to see how fast it was going, either when they were catching up to the Ruiz vehicle or when they were beside it. (Tr.

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Cite This Page — Counsel Stack

Bluebook (online)
832 F. Supp. 2d 903, 2011 WL 2197651, 2011 U.S. Dist. LEXIS 60552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ruiz-tnmd-2011.