United States v. Patterson
877 F.3d 419
| 1st Cir. | 2017Background
- In 2014 a string of five Boston-area bank robberies involved a masked male wearing sunglasses and gloves; surveillance showed a four-door dark sedan possibly a mid-1990s Volvo at multiple scenes.
- A witness reported seeing a man in a black Volvo (MA plate 353PY1) acting suspiciously about 30–40 minutes and ~4 miles before the fifth robbery; other witnesses reported a green Volvo at that robbery.
- A Stoughton detective applied for warrants to install GPS trackers on a 1994 black Volvo (plate 353PY1) and, after observing the plate moved to a tan Acura, on the Acura; affidavits mistakenly described the black Volvo as having been seen "in the area" of the fifth robbery.
- GPS tracking and surveillance over 13 days showed the vehicles passing and slowing near banks; Patterson was later observed changing into dark clothes, sunglasses, and gloves and was arrested by FBI agents; a BB gun fell from him and he made post-Miranda statements.
- Patterson was indicted on five counts of bank robbery; he moved for a Franks hearing, and to suppress evidence from the GPS devices and from his arrest; the district court denied those motions and he was convicted; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Franks hearing required for alleged false statement in warrant affidavit | Patterson: affidavit knowingly/ intentionally misstated that the black Volvo with plate 353PY1 was seen "in the area" of the fifth robbery, so Franks hearing required | Government: misstatement was an error/negligence; no showing of intentional or reckless falsity | Court: No Franks hearing — Patterson failed to make substantial preliminary showing of intentional or reckless misstatement; error could plausibly be careless and magistrate still would have probable cause |
| Whether affidavit supported probable cause for GPS warrants | Patterson: affidavit did not link the particular vehicles to the robberies; misstatements undermined probable cause | Government: affidavit tied a mid-1990s black Volvo to multiple robberies and corroborated the witness and plate; magistrate's finding entitled to deference | Court: Probable cause existed; affidavit provided sufficient facts to link the vehicles to the robberies; suppression denied |
| Whether evidence from GPS tracking should be suppressed as fruit of invalid warrants | Patterson: GPS-enabled surveillance led to arrest and evidence; if warrants invalid, fruits must be suppressed | Government: warrants valid; alternatively any error harmless | Court: Because warrants supported probable cause, GPS-derived evidence admissible; suppression denied |
| Whether warrantless arrest and resulting evidence should be suppressed | Patterson: agents lacked probable cause; changing clothes and turning away show no attempt; descriptions varied too much to tie him to robberies | Government: officers had reasonably trustworthy facts: prolonged surveillance, casing behavior, clothing change consistent with robbers; arrest supported at least attempted robbery under state law | Court: Probable cause existed for arrest (attempted robbery); evidence from arrest admissible; suppression denied |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (Franks hearing standard for false statements in warrant affidavits)
- United States v. Arias, 848 F.3d 504 (1st Cir. 2017) (standard of review for Franks and probable cause issues)
- United States v. Santana, 342 F.3d 60 (1st Cir. 2003) (mere inaccuracies/negligence insufficient for Franks)
- United States v. Castillo, 287 F.3d 21 (1st Cir. 2002) (Franks showing principles)
- United States v. Barnard, 299 F.3d 90 (1st Cir. 2002) (deference to magistrate in doubtful cases)
- United States v. Trinh, 665 F.3d 1 (1st Cir. 2011) (corroboration factors for informant/witness reports)
- United States v. Young, 105 F.3d 1 (1st Cir. 1997) (probable cause for warrantless arrest standard)
- United States v. Capelton, 350 F.3d 231 (1st Cir. 2003) (de novo review of probable cause legal conclusions)
- United States v. Turner, 501 F.3d 59 (1st Cir. 2007) (abandonment does not negate attempt evidence)
- United States v. Chapdelaine, 989 F.2d 28 (1st Cir. 1993) (casing, stealing a car, arriving armed are substantial steps toward robbery)