United States v. Rodriguez
2013 U.S. App. LEXIS 25853
| 10th Cir. | 2013Background
- NM law defines unlawful carrying of a deadly weapon as carrying a concealed loaded firearm or any other deadly weapon, with enumerated exceptions.
- Officer Munoz observed a silver handgun tucked in Rodriguez's back waistband while Rodriguez was bending; shirt concealed the weapon when upright.
- The handgun was later found to be stolen; Rodriguez was a felon; Munoz detained him and conducted a frisk and citation-related actions.
- Rodriguez challenged the stop and seizure as Fourth Amendment violations; the district court denied suppression; on appeal the government did not contest the seizure’s seizure/initial detention.
- Court reviews de novo whether the seizure was reasonable under Terry v. Ohio standards, focusing on reasonable suspicion and scope of the stop and frisk.
- Court concludes Munoz’s initial seizure was justified at inception based on reasonable suspicion that a concealed handgun violated § 30-7-2(A), given the public, accessible concealment in a high-crime area.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial seizure justified by reasonable suspicion? | Rodriguez | Rodriguez | Yes |
| Does § 30-7-2(A) create a presumptively unlawful concealment absent readily apparent exceptions? | Rodriguez | Rodriguez | Yes, as to the initial seizure; exceptions analyzed but not required to negate initial seizure |
| Was removing the handgun from Rodriguez’s waistband after seizure permissible for officer safety? | Rodriguez | Rodriguez | Yes |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (establishes stop-and-frisk framework for reasonable suspicion)
- United States v. Sokolow, 490 U.S. 1 (U.S. Supreme Court 1989) (reasonable suspicion less than probable cause; distinguishes standards)
- United States v. Cortez, 449 U.S. 411 (U.S. Supreme Court 1981) (common-sense conclusions about behavior support reasonable suspicion)
- United States v. Guardado, 699 F.3d 1220 (10th Cir. 2012) (reasonable suspicion may exist even if more likely the subject is not illegal)
- Delaware v. Prouse, 440 U.S. 648 (U.S. Supreme Court 1979) (random stops for license/registration are unconstitutional absent cause)
- United States v. Gatlin, 613 F.3d 374 (3d Cir. 2010) (limitations on when to inquire about license/possession before seizure)
- Adams v. Williams, 407 U.S. 143 (U.S. Supreme Court 1972) (probable cause not required for every element at stop; protective search for weapons may be justified)
- McLaughlin v. United States, 476 U.S. 16 (U.S. Supreme Court 1986) (gun presumed dangerous; even unloaded guns may justify protective actions)
- State v. Madsen, 5 P.3d 573 (N.M. Ct. App. 2000) (carrying a concealed loaded handgun presumptively unlawful absent exception)
- United States v. Henning, 906 F.2d 1392 (10th Cir. 1990) (probable cause to arrest for carrying a concealed weapon after discovery of loaded weapon)