United States v. Wright

582 F.3d 199, 2009 U.S. App. LEXIS 20976, 2009 WL 3019695
CourtCourt of Appeals for the First Circuit
DecidedSeptember 23, 2009
Docket08-1063
StatusPublished
Cited by43 cases

This text of 582 F.3d 199 (United States v. Wright) 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. Wright, 582 F.3d 199, 2009 U.S. App. LEXIS 20976, 2009 WL 3019695 (1st Cir. 2009).

Opinions

TORRUELLA, Circuit Judge.

This is the second appeal concerning a Terry stop which resulted in the entry of a conditional guilty plea by appellant Gregory Wright for being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). In the Terry stop at issue, Boston police officers recovered a gun from Wright’s sweatshirt pocket after Wright was observed leaning forward from the backseat of a car to identify the officers, quickly exiting and running from the car, clutching at the right side of his sweatshirt while running, and ignoring the officers’ order to stop. Below, Wright moved to suppress the gun, but the district court denied the motion, concluding that the officers had reasonable suspicion to stop him. In Wright’s first appeal, we ruled that the district court’s denial of the suppression motion was tainted with legal error, and remanded for further proceedings. United States v. Wright, 485 F.3d 45, 54 (1st Cir.2007). On remand, the district court again denied the motion, and Wright renewed his appeal. This time, after a careful review of the record, we affirm.

I. Background

A. The Prior Proceedings

The district court first denied Wright’s motion to suppress after an evidentiary hearing at which three officers testified about the circumstances leading to his arrest. On appeal, we held that the district court’s conclusion that the officers had reasonable suspicion to stop Wright was based on a legal error. The court interpreted Wright’s running as “flight,” and accepted the police officers’ testimony that they saw Wright clutch his sweatshirt, by linking those findings to the subsequent discovery of the gun. Id. at 48.

We further held that the court’s self-described “backwards” reasoning fatally tainted its factual findings. See id. at 48, 52 (quoting the district court as stating “Can I reason backwards from the fact that what happened next was that the police officers discovered the weapon on Mr. Wright? I think it is undisputed he was carrying a weapon and I do so reason”). We observed that it was “impossible to discern whether the court would have concluded that Wright knowingly fled from the police if it had not considered the eventual recovery of the gun.” Id. at 52. Similarly, we could not evaluate the court’s finding on Wright’s hand movement because the court had used its “commonsense assumption that the gun was heavy ... [to] ma[k]e a factual finding that Wright grabbed his sweatshirt because he was carrying a heavy gun.” Id. at 53. We concluded that the flaw in the underlying factual findings invalidated the court’s legal conclusion that the officers had reasonable suspicion to stop Wright, requiring us to vacate the denial of the suppression motion. Id.

In remanding the case for reconsideration, we also addressed the district court’s discussion of the area where Wright was stopped. The court had stated that it did not conclude that the area was a “high crime area,” a characterization that would have been relevant to the inquiry into whether “the circumstances [were] sufficiently suspicious to warrant further investigation,” Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000); see also id. (“[W]e have previously noted the fact that the stop occurred in a ‘high crime area’ among the relevant contextual considerations in a [reasonable suspicion] analysis.”). Because the district [203]*203court expressed uncertainty about whether the high crime area finding was a legal question or a mixed question of fact and law, we clarified that the character of a stop’s location is a factual issue. Wright, 485 F.3d at 53. We observed that the court might choose to revisit the question upon remand. To assist its possible reevaluation of the issue, we identified a number of relevant factors to be considered. See id. at 53-54.

B. The Remand Proceedings

On remand, the district court solicited supplemental briefing and heard oral argument from the parties, but took no additional evidence. In its ruling from the bench, the court expressly adopted the description of the stop set out in our prior decision, with some modifications:

On the evening of November 8, 2004, a caravan of four unmarked police cars was patrolling in Dorchester, Massachusetts. The cars were Crown Victorias, a model widely associated with police departments. The plainclothes officers in the caravan were members of the Boston Police Department Youth Violence Task Force.
At about 7:45 p.m., the caravan was driving north on Blue Hill Avenue and slowed down as the lead car passed a vehicle that had just pulled over in front of a mini-mart at 1216 Blue Hill Avenue. The parked car was partially blocking one of two driveway entrances to the mini-mart parking lot. Officer Brown, who was seated in the lead car’s front passenger seat, looked to his right as they passed the parked vehicle and observed three people, one of whom he recognized as Omar Edwards, a neighborhood resident. He did not recognize the driver or the passenger seated in the back seat of the parked car.
Immediately after passing this parked vehicle, Officer Brown’s car pulled over to the right parking lane, in front of the parked car. The rest of the caravan came to a stop in the right travel lane to the rear of the parked car. The front passenger of the second police car, Officer Bordley, then observed the back seat passenger of the parked car, later identified as appellant, lean forward as though he was looking at the Crown Victoria that had just pulled over in front of his car. Wright then exited his car, on the passenger side, and began to run southward down Blue Hill Avenue. As he ran, Wright “grabbed toward the front of his sweatshirt in the vicinity of his waist.” 1
Officer Brown quickly exited his car, as did a number of the other officers in the caravan. The police ordered Wright to stop running, but he did not obey this directive. Within a matter of seconds, the officers caught up to Wright, who resisted the officers’ attempts to frisk him.2 The police patted Wright down and recovered a silver pistol from his sweatshirt pocket. He was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

See id.

Based on these facts, Wright argued that the officers lacked reasonable suspi[204]*204cion to stop him. He noted that the officers’ testimony suggested no suspicious motive either for Wright’s leaning forward in the car or for grabbing at his sweatshirt. Instead, Wright argued that the officers’ testimony indicated that they had stopped Wright only because he had run from the car. Wright asserted that running in those circumstances, without more, was insufficient to justify the stop.

The government countered that the totality of the circumstances demonstrated that the officers had reasonable suspicion to stop Wright.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Qin
57 F.4th 343 (First Circuit, 2023)
United States v. Sierra-Ayala
39 F.4th 1 (First Circuit, 2022)
State v. Lewis
Supreme Court of Connecticut, 2019
United States of America v. John Hernandez
2019 DNH 109 (D. New Hampshire, 2019)
Hernandez v. Colon
D. Massachusetts, 2018
Walker v. McGrath
D. Massachusetts, 2018
Walker v. Femino
311 F. Supp. 3d 441 (District of Columbia, 2018)
United States v. Orth
873 F.3d 349 (First Circuit, 2017)
United States v. Ramdihall
859 F.3d 80 (First Circuit, 2017)
United States v. Arias
848 F.3d 504 (First Circuit, 2017)
United States of America v. Laveneur Jackson
2021 DNH 027 (D. New Hampshire, 2017)
Niles v. Town of Wakefield
172 F. Supp. 3d 429 (D. Massachusetts, 2016)
United States v. Jeffreys
111 F. Supp. 3d 70 (D. Massachusetts, 2015)
Rocha, Cesar
Court of Appeals of Texas, 2015
Piccone v. McClain
586 F. App'x 709 (First Circuit, 2014)
United States v. Tiru-Plaza
766 F.3d 111 (First Circuit, 2014)
United States v. Rodríguez-Vargas
27 F. Supp. 3d 250 (D. Puerto Rico, 2014)
United States v. Silva
742 F.3d 1 (First Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
582 F.3d 199, 2009 U.S. App. LEXIS 20976, 2009 WL 3019695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wright-ca1-2009.