United States v. Huertas
2017 U.S. App. LEXIS 13260
| 2d Cir. | 2017Background
- Officer Lattanzio was alerted by a citizen that a man (Huertas) nearby might have a gun; the citizen left without identifying herself.
- Lattanzio drove the wrong way down a one-way street, turned on the cruiser spotlight, and illuminated Huertas, who was holding a black bag.
- Through the cruiser window Lattanzio asked brief questions; Huertas stood in place and answered for about 30–60 seconds.
- As soon as Lattanzio exited the cruiser, Huertas fled; police later found a bag along his route containing a firearm.
- Huertas moved to suppress the firearm as the product of an illegal seizure; the district court denied the motion and Huertas pleaded guilty conditionally and appealed.
- The Second Circuit reviewed whether Huertas had “submitted to the assertion of police authority” (the non-physical form of a Fourth Amendment seizure).
Issues
| Issue | Huertas's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Huertas was "seized" under the Fourth Amendment when he stood and answered the officer's questions after being spotlighted | Huertas: standing still and answering questions amounted to submission to police authority, so he was seized | Government: Huertas did not submit; his conduct was evasive (he fled once officer exited) and he remained out of reach, so no seizure occurred | The court held Huertas was not seized because he never submitted to police authority; evidence admissible |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (1991) (seizure requires either physical force or submission to authority)
- Brendlin v. California, 551 U.S. 249 (2007) (passenger may be seized by submission when the vehicle stops)
- United States v. Baldwin, 496 F.3d 216 (2d Cir. 2007) (totality-of-circumstances; brief halt can be evasion, not submission)
- United States v. Swindle, 407 F.3d 562 (2d Cir. 2005) (quoting Hodari D. on submission requirement)
- United States v. Brodie, 742 F.3d 1058 (D.C. Cir. 2014) (compliance with officer’s physical command constituted submission)
- United States v. Camacho, 661 F.3d 718 (1st Cir. 2011) (court held verbal responses can indicate submission)