United States v. Dapolito
2013 U.S. App. LEXIS 7309
| 1st Cir. | 2013Background
- Government appeals district court's suppression of a firearm found in Dapolito as fruits of an unlawful detention.
- District court held the initial consensual encounter matured into a Terry stop, but lacked reasonable suspicion at its inception.
- Officers Knight and Ray encountered Dapolito beside Monument Square at about 2:39 a.m.; he appeared impaired and provided inconsistent name spellings.
- Dispatch could not verify his identity; Dapolito produced a Massachusetts EBT card with his name but no photo.
- Dyer arrived with a cruiser; interrogation continued; Dapolito was told he would be taken to jail to identify him; a Taser was used before an on-body handgun was discovered.
- Grand jury indicted Dapolito for felon in possession of a firearm; district court suppression order was affirmed; panel majority upholds the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the encounter mature into a stop under Terry? | Dapolito | Da-polito | No reversible error; encounter remained lawful under totality framework |
| Was the reasonable-suspicion analysis proper or a divide-and-conquer approach? | Da-polito | Da-polito | District court properly applied totality of circumstances; no improper division of facts |
| Did the district court improperly substitute its judgment for that of the officers? | Da-polito | Da-polito | No; court assessed from the perspective of a reasonable officer per law |
| Was there reasonable suspicion to detain the defendant before the search? | Da-polito | Da-polito | Yes; totality supported a Terry stop and thus permissible detention |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (totality of the circumstances governs reasonable suspicion)
- United States v. Sokolow, 490 U.S. 1 (U.S. 1989) (reasonable suspicion standard applied to stop)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (frame for stops based on reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (independent appellate review of mixed law/facts)
- United States v. Pontoo, 666 F.3d 20 (1st Cir. 2011) (totality-of-circumstances approach; deference to district court)
- United States v. Chhien, 266 F.3d 1 (1st Cir. 2001) (multifaceted totality-of-circumstances framework)
- United States v. Walker, 924 F.2d 1 (1st Cir. 1991) (criminal activity in vicinity supports reasonable suspicion)
- United States v. Jodoin, 672 F.2d 232 (1st Cir. 1982) (consensual encounter duration not per se seizure)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (free to leave concept in detentions and stops)