Beruflich Dokumente
Kultur Dokumente
*
Chief Judge Stephen Breyer heard oral argument in this matter
but did not participate in the drafting or the issuance of the
panel's opinion.
The remaining two panelists therefore issue
this opinion pursuant to 28 U.S.C.
46(d).
filed a
ammunition
Boston
charged with
motion to
suppress a
officers.
The
U.S.C.
firearm, a
district
Steven
922(g)(1).
magazine, and
Sealey's
of 18
Police
motion and,
a violation
Defendant-appellant
We affirm.
I.
I.
BACKGROUND
BACKGROUND
__________
motion to
A.
A.
Facts
Facts
We
district court's
ruling to the
favorable to the
derive support
United States v.
_____________
cert. denied,
____________
499
U.S. 950 (1991); United States v. Aguirre, 839 F.2d 854, 857 (1st
_____________
_______
Cir. 1988).
On February
knifepoint by
Officers,
William Donga
scene, and
an
and
William Reynolds,
unmarked
thereafter,
cruiser,
the
identify
looking
police
12, 1991,
Sealey
for
officers
bag over his
as one
of
from a previous
approach him.
-2-
arrived at
robbers.
Sealey,
shoulder.
the
Boston Police
the
saw
robbed at
robbers.
Shortly
black
male,
The victims
The
did
officers,
to
As
the cruiser
of
the
officer's
question,
approached
Sealey,
what's up?"
officers
and,
started
to
Sealey
without
run
away
Officer
Reynolds
then looked in
the
responding
the
from
the
to
cruiser,
Sealey
magazine, and
Sealey,
who
discarded
ammunition.
was hiding
arrested him.
During
semi-automatic
pistol,
9mm
A police
behind
federal
wooden stockade
and
an
922(g).
fence,
subsequently returned
out
being a felon-in-possession of a
the physical
the
grand jury
B.
B.
Sealey on foot.
he was seized
him from
the cruiser
motion to suppress
and,
because the
officer lacked
shouted
of the
an
evidentiary
hearing, the
court
denied
-3-
to
a "show of authority" let alone
physical force.
The inquiry
"Hey,
Steven, what's up?, unaccompanied by any
other demonstration
or more forceful
verbal command is not an impermissible
intrusion by the police.
Whether the
defendant ran from an unknown threat or
because he recognized the police, his
flight cannot be considered a "seizure"
by the police.
The seizure took place
when
the
defendant
was
finally
apprehended, at which point the police
had
a reasonable basis upon which to
detain him. See Terry v. Ohio, 392 U.S.
___ _____
____
1, 27 (1968).
Sealey
now
challenges
the
court's denial
of
his
motion
to
suppress.
II.
II.
The
therefore
of
authority"
triggering
Fourth
Amendment
Sealey
contends that
constituted
protections.
stop,
The
from the
to submit
to
As a
preliminary matter,
with respect
we set forth
standard
of review
district
Cir. 1994);
to a
the applicable
motion to
suppress.
United States
_____________
v. Rodr guez-Morales,
_________________
deferential standard
is appropriate
because
929 F.2d
868 (1992).
the district
incident by
F.2d
at 783.
review.
Zapata,
______
18 F.3d at
Questions of
law,
the Fourth
officer,
by
means
Amendment, a
seizure occurs
of
force
physical
or
when a
show
of
a citizen.
In United States v.
_____________
test
to
restrained:
determine
if
an
individual's
liberty
had
been
the meaning of
embraced this
567,
573
Delgado,
_______
analysis.
(1988);
466
See
___
Michigan v.
________
Chesternut, 486
__________
U.S. 210,
215 (1984).
The Supreme
U.S.
v.
Court later
explained
to
was "a
leave
seizure."
California
__________
(emphasis in
with
necessary,
_________
to
that authority.
officer's show
of
has submitted to
of Hodari D. are
__________
analogous to the
instant
upon
628 (1991)
The facts
case.
based
condition for
U.S. 621,
a seizure
authority, no seizure
sufficient
__________
original).
respect
but not
at 623.
justify
499 U.S.
Id.
__
623 n.1.
conceded that
suspicion required to
Id. at 623.
out
__
Hodari, and handcuffed
him. Id.
__
brought
Hodari
against
him,
appealed
and
In
moved to
the juvenile
the
suppress
proceedings
the
evidence
Id.
__
right
to
on whether the police seized Hodari at the moment the chase began
-6-
or at the time
of the tackle.
apprehended.
Id. at
__
he was tackled,
626.
Hodari
Sealey;
conclude that
the meaning
allegation that
of
the
any police
Sealey was
Fourth
not improperly
Amendment.
There
he was seized
seized
is
no
force over
by virtue of
Reynolds'
authority,
Sealey
of authority.
question
Sealey
did not
to
if we assume
Sealey constituted
submit
Even
to this
inquiry.
he ran away,
manifested.
that
show
of
Instead,
was
pursuing him, Sealey then discarded the firearm, the magazine and
the
ammunition.
behind a
wooden fence,
after he
Because the
had discarded
the contraband.
contraband discarded
by Sealey
while he
____________________
2 Sealey does not challenge the district court's ruling that the
police had probable cause to arrest him after the chase. Such a
challenge would be to no avail. The situation rapidly escalated
from one involving a minimum of suspicion to one justifying
arrest based upon probable cause. By the time the police located
and apprehended Sealey, the police had probable cause to arrest
him for violating firearm laws.
The officers observed Sealey
flee for no apparent reason, and Officer Donga observed Sealey
discard a gun during the chase. See, e.g., United States v.
___
____ ______________
Figueroa, 818 F.2d 1020, 1023 (1st Cir. 1987).
________
-7-
was
running
was
not the
fruit
of this
seizure,
the
act of
See Abel v.
___ ____
of abandoned property is
Amendment);
United States v.
_____________
not a violation
Lewis, 921
_____
of the Fourth
F.2d 1294,
1302 (D.C.
initial matter,
Sealey appears to
contend that
he was not free to leave, and the Fourth Amendment seizure should
therefore
be
argument,
however,
stated
that
deemed
the
to have
ignores the
Mendenhall
__________
occurred
that no
at
teaching
that
of
reasonableness
point.
This
Hodari D.,
_________
which
inquiry
was
Hodari D.
_________
occurs until
also
from
attempts
Hodari D.,
_________
to
and
argue
that
his
that case's
case
is
"submission"
this case.
did
Rather, he suspected
Sealey therefore
modified
so that the
seizure is deemed
to occur at
person to
believe
that his
the moment
personal safety
was in
jeopardy.
when a defendant
with by virtue of
to have occurred
or show of authority.
If
interfered
physical force
"seizure" taking
response to an
that his
officer's interference,
liberty was
restricted by
would not
be
or under
the
governmental power.
officer's
--
would
be
missing.
Sealey's
To
conclude,
he had
apprehended.
we
believe
that
fled, abandoned
Therefore,
the
the
court
properly
the contraband,
firearm, the
and was
magazine
until
finally
and
the
-9-