982 F.3d 844
1st Cir.2020Background
- Yarlin Garcia pled guilty to a federal drug offense but reserved the right to appeal the denial of his motion to suppress evidence obtained from under the hood of a truck in which he was a passenger.
- Officers executed a search warrant at a Sanford, Maine house and arrested a cooperating defendant (CD) who agreed to cooperate and called his drug supplier while with officers.
- CD told officers the supplier would arrive in about ten minutes; a silver Dodge truck briefly stopped outside and then returned, stopping in front of the house.
- Officers corroborated CD's reliability by finding drugs in his residence and reading his consensual text messages with the supplier.
- Ten officers approached the truck with guns drawn, removed and handcuffed Garcia and the driver, and conducted a K-9 inspection; the dog alerted at the hood.
- A search of the hood revealed large quantities of a heroin/fentanyl mixture and cocaine; Garcia challenged the seizure and search as Fourth Amendment violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to seize Garcia and to search the truck | CD's corroborated tip and observed arrival of the vehicle gave a fair probability contraband was present, justifying seizure and K-9 inspection | CD was unreliable; information insufficient to establish probable cause for seizure or search | Court held probable cause existed based on corroborated informant tip and circumstances; seizure and K-9 inspection lawful |
| Reasonable suspicion for a Terry stop / brief investigatory detention | Officers had at least reasonable suspicion — indeed probable cause — to detain and investigate | Officers lacked reasonable suspicion to stop and handcuff Garcia and to search the vehicle | Court held reasonable suspicion was satisfied (and in fact probable cause), so Terry challenge fails |
Key Cases Cited
- United States v. Simpkins, 978 F.3d 1 (1st Cir. 2020) (probable-cause "fair probability" standard)
- United States v. Almonte-Báez, 857 F.3d 27 (1st Cir. 2017) (defining probable cause standard)
- United States v. Vongkaysone, 434 F.3d 68 (1st Cir. 2006) (K-9 inspection and vehicle-search precedent)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop-and-frisk framework)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (reasonable-suspicion is less demanding than probable cause)
- United States v. Dion, 859 F.3d 114 (1st Cir. 2017) (standard of review: de novo)