Solis-Alarcon v. United States
662 F.3d 577
| 1st Cir. | 2011Background
- DEA and Puerto Rico police entered Solis-Alarcón's home at #I-17 Alondra St. in the early morning of September 18, 2003 to arrest Díaz-Suazo, entering without a search warrant.
- The agents had probable cause to believe Díaz-Suazo was involved in a drug ring and would be present at the address on the arrest date.
- Surveillance showed Díaz-Suazo had used a vehicle registered to Solis-Alarcón and had access to the house/garage, but Diaz-Suazo did not live at the address on his license.
- Local officers reported seeing Díaz-Suazo drive the same vehicle to Solis-Alarcón's house and use the garage; a garage door was opened with an automatic device.
- The search yielded the Dodge, later returned, but no Díaz-Suazo; the agents lacked a search warrant for the dwelling.
- Two years later, Solis-Alarcón and his wife filed an FTCA and Bivens action seeking damages for the entry and search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entering a third-party home with an arrest warrant is lawful when the suspect’s residence is mistaken | Solis-Alarcón argues unlawful search, lack of consent, Fourth Amendment violation. | Agents relied on reasonable belief Díaz-Suazo lived there and would be present; qualified immunity applies. | Entry upheld; reasonable belief plus qualified immunity. |
| Whether the post-entry protective sweep under Buie was permissible | Sweep was unlawfully intrusive beyond what is necessary. | Buie justified a limited sweep given vehicle use and access to the premises. | Protective sweep justified; qualified immunity applies. |
| Whether the FTCA claim against the United States should proceed for false imprisonment | Puerto Rico tort principles permit recovery; FTCA waives immunity for officers’ actions. | Bivens/qualified immunity foreclose state-law liability under FTCA due to reasonable mistakes. | FTCA claim rejected; district court affirmed. |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (arrest warrants compel entry into dwellings of suspects)
- Steagald v. United States, 451 U.S. 204 (1981) (cannot search third-party residence without a search warrant)
- United States v. Werra, 638 F.3d 326 (1st Cir. 2011) (reasonable belief that target resides in the home allows entry)
- United States v. Graham, 553 F.3d 6 (1st Cir. 2009) (reasonableness standard for home entry without explicit residence verification)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause suffices to assess reasonable belief about residence)
- Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity procedure and orderings)
- Anderson v. Creighton, 483 U.S. 635 (1987) (qualified immunity covers reasonable official actions)
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (qualified immunity protects reasonable officials from liability)
- Maryland v. Buie, 494 U.S. 325 (1990) (allowing protective sweeps under certain circumstances)
- Rodriguez v. United States, 54 F.3d 41 (1st Cir. 1995) (Puerto Rico tort law and federal immunity interplay)
- Abreu-Guzmán v. Ford, 241 F.3d 69 (1st Cir. 2001) (FTCA liability for federal officers where appropriate)