United States v. Martin Ruiz
2014 U.S. App. LEXIS 13200
9th Cir.2014Background
- Early-morning March 21 shooting at a Payette, Idaho trailer: victim Emmett Mills shot in the knee; two assailants seen (one in a white mask), two shots heard, two casings recovered.
- Witnesses: Mills (victim) and Charlene Scales (his girlfriend) gave accounts; both heard an intruder identify himself as “McDog.” A neighbor corroborated presence of masked individual.
- Police learned of Martin Cantu Ruiz via an alias (“McDog”) in nearby police records, assembled a photo lineup; Scales identified Ruiz (≈90% certain); Mills did not identify anyone.
- Detective Plaza obtained a search warrant based on his testimony but omitted that Scales sold meth, was evasive about drug paraphernalia found at the scene, had just made a controlled buy (and was discussed as a future confidential informant), and that Scales initially hesitated between two photos and relied on a facial mark.
- A Franks hearing found Plaza recklessly omitted the drug-related information but the district court held that, when the record is supplemented, probable cause still existed; the Ninth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument (Ruiz) | Defendant's Argument (Gov’t) | Held |
|---|---|---|---|
| Whether reckless omissions in the warrant affidavit (about Scales’s drug activity and informant status) vitiate probable cause | Omissions were material and misleading; without them probable cause fails | Omissions did not fatally undermine probable cause because independent corroboration remained | Court: Omissions were reckless but, after correcting the affidavit, probable cause still existed; suppression denied |
| Reliability of eyewitness ID (Scales) | Scales was an interested, potentially dishonest witness (drug dealer, evasive), so her ID is unreliable | Despite credibility concerns, her ID had corroborating indicators (shared details, alias match) | Court: Credibility diminished but not destroyed; ID and other facts provide sufficient corroboration |
| Sufficiency of corroboration beyond the eyewitness ID | Corroboration is weak and largely derived from the same interested witnesses, so insufficient | Physical evidence and neighbor’s account corroborate that the attack occurred; alias linked Ruiz to area; description matches Ruiz | Court: There was independent corroboration (scene evidence, neighbor, alias match, physical description) adequate for a “fair probability” |
| Standard of review and remedy under Franks | Reckless omissions require suppression if material to probable cause | Even if omissions were reckless, remedy is to purge/ supplement and reassess probable cause; no suppression if probable cause remains | Court: Apply Franks/line of Ninth Circuit cases; after supplementation probable cause remained, so no suppression |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes rule permitting hearing and suppression when affidavit contains deliberate or reckless falsehoods or omissions)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances probable cause standard)
- United States v. Hall, 113 F.3d 157 (9th Cir. 1997) (failure to disclose informant’s history of dishonesty undermined probable cause where corroboration was lacking)
- United States v. Reeves, 210 F.3d 1041 (9th Cir. 2000) (omission of informant’s criminal history was harmless where countervailing corroboration existed)
- United States v. Patayan Soriano, 361 F.3d 494 (9th Cir. 2003) (assessing reliability of informant based on self-inculpatory detail and lack of motive to lie)
- United States v. Ewing, 588 F.3d 1218 (9th Cir. 2009) (eyewitness statements from citizen witnesses can be self-corroborating)
- Bravo v. City of Santa Maria, 665 F.3d 1076 (9th Cir. 2011) (if corrected affidavit establishes probable cause, no constitutional error)
- United States v. De-Leon, 979 F.2d 761 (9th Cir. 1992) (probable cause requires a fair probability that evidence will be found)
- United States v. Martinez-Garcia, 397 F.3d 1205 (9th Cir. 2005) (standard for finding reckless omissions in warrant affidavits)
- United States v. Banks, 539 F.2d 14 (9th Cir. 1976) (detailed eyewitness reports supply indicia of reliability)
- United States v. Meling, 47 F.3d 1546 (9th Cir. 1995) (corroboration that derives from an interested witness may be insufficient to cure credibility defects)