United States v. Ramos
2010 U.S. App. LEXIS 25708
| 1st Cir. | 2010Background
- May 28, 2004, Sullivan Square MBTA station parking lot; van with occupants parked in a way not typical for drop-off/pick-up.
- MBTA inspector Pitts, trained on terrorism threats post Madrid bombings, observed irregular van behavior and occupants; noted paper license plate and tinted windows.
- Pitts observed several men in van, some outside; one wrote on paper; suspicious activity noted given transit target risk and prior training.
- Pitts reported suspicions to a dispatcher; dispatcher broadcast concerns mentioning Middle Eastern descent of occupants and a paper plate.
- MBTA Officers O'Hara and Silen, with terrorism training, arrived within minutes; approached the van in a tactical stance to observe and ensure safety.
- Officers opened the van door, removed occupants, and later transported them to MBTA headquarters for ICE interrogation; Ramos later pled guilty to illegal alien transport.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to justify opening the van door | Ramos argues no reasonable suspicion to justify seizure | State that totality of circumstances supported suspicion given Madrid context and van details | Yes, reasonable suspicion existed |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (1996) (requires totality-of-the-circumstances analysis)
- Arvizu, 534 U.S. 266 (2002) (context matters; weight given to inferences from experience)
- Brignoni-Ponce, 422 U.S. 873 (1975) (appearance may be relevant in reasonable suspicion near border areas)
- Martinez-Fuerte, 428 U.S. 543 (1976) (appearance and other factors may be considered in reasonable suspicion)
- Edmond, 531 U.S. 32 (2000) (implications for anti-terrorism enforcement; tailored risk assessment)
- J.L. Florida v., 529 U.S. 266 (2000) (timing and context affect reasonableness of fears and actions)