868 F.3d 43
1st Cir.2017Background
- Police radio reported a fight near Norfolk Park, an area with recent firearms incidents. Two officers approached a group of five men on the sidewalk.
- Officer Bissonnette recognized King Belin (prior firearm arrest; listed as gang-affiliated in police database). Belin peeled off from the group and hurried away when officers arrived.
- Bissonnette called to Belin; Belin stopped, answered, then showed pronounced nervousness after being asked if he had anything on him.
- Bissonnette grabbed Belin's arm and reached toward his waistband; a struggle followed, Belin was subdued and a gun, ammo, and marijuana were found.
- Belin moved to suppress, arguing the stop-and-frisk lacked reasonable suspicion; the district court denied suppression.
- Belin also objected that the court improperly allowed him to direct counsel not to pursue two defense theories (gun planted; lack of knowledge). The court conducted colloquies and treated the choice as a partial waiver; Belin was convicted and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a seizure (Terry stop) occurred before officer touched Belin | Stop occurred when officer approached/questioned; any subsequent search lacked reasonable suspicion | Seizure occurred only when officer grabbed Belin's arm; frisk tied to subsequent movements | Seizure occurred when officer touched Belin's arm; approach/questioning alone did not objectively restrain liberty |
| Whether there was reasonable suspicion to stop and frisk | Stop-and-frisk lacked particularized suspicion of being armed and dangerous | Officer had reasonable suspicion based on prior firearm arrest, gang listing, known high-crime area, Belin’s hurried departure and unusual nervousness | Under the totality of circumstances, reasonable suspicion supported a frisk (and thus the stop) because officer reasonably suspected unlawful firearm possession and dangerousness |
| Temporal scope of frisk (when frisk began) | Frisk began only after officers tackled Belin and observed further incriminating movements | Frisk began when officer grabbed arm and reached toward waistband; movements thereafter confirm suspicion | Court presumed frisk began when officer grabbed Belin's arm; affirmed denial of suppression (government's alternate sequencing not resolved on record) |
| Whether district court erred in allowing defendant to direct counsel to forgo two defenses (partial waiver/hybrid representation) | Ruling deprived Belin of right to counsel or insufficient Faretta colloquy | Court permissibly allowed defendant to limit counsel’s factual defenses after adequate warnings and colloquy about disadvantages | Court upheld the district court: colloquies adequately informed Belin; partial waiver/hybrid representation was valid and not reversible error |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop and limited frisk standard)
- Mendenhall v. United States, 446 U.S. 544 (objective "show of authority" test for seizures)
- California v. Hodari D., 499 U.S. 621 (seizure by show of authority requires submission)
- United States v. Fields, 823 F.3d 20 (First Circuit on when approach becomes a seizure)
- United States v. Pontoo, 666 F.3d 20 (recent violent crime suspicion can justify frisk)
- United States v. Scott, 270 F.3d 30 (discusses crimes "associated with" violence and frisk rationale)
- Illinois v. Wardlow, 528 U.S. 119 (nervous, evasive behavior relevant to reasonable suspicion)
- Faretta v. California, 422 U.S. 806 (standards for waiver of counsel/self-representation)
- Florida v. Nixon, 543 U.S. 175 (defendant retains ultimate authority over certain fundamental decisions)