359 F.3d 71 (1st Cir. 2004), 02-2698, United States v. Maguire

Docket Nº:02-2698.
Citation:359 F.3d 71
Party Name:UNITED STATES of America, Appellant, v. Lawrence F. MAGUIRE, Defendant, Appellee.
Case Date:March 03, 2004
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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359 F.3d 71 (1st Cir. 2004)

UNITED STATES of America, Appellant,

v.

Lawrence F. MAGUIRE, Defendant, Appellee.

No. 02-2698.

United States Court of Appeals, First Circuit

March 3, 2004

Heard Sept. 11, 2003.

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[Copyrighted Material Omitted]

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Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief, for appellant.

Albert F. Cullen, Jr., for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and William W. SCHWARZER, [*] Senior District Judge.

TORRUELLA, Circuit Judge.

Defendant Lawrence T. Maguire ("Maguire") was arrested by the Medford Police Department ("MPD") on September 7, 2001. He was indicted on one count of bank robbery, in violation of 18 U.S.C. § 2113(a). He filed a motion to suppress arguing that his arrest was unlawful. He further argued that, as a result of the unlawful arrest, statements made to the police and physical evidence obtained by them should be suppressed. The district court held an evidentiary hearing on Maguire's motion, which was subsequently granted in part. United States v. Burhoe, Crim. No. 01-10464-RCL (D.Mass. Nov. 27, 2002). 1 The government filed an interlocutory appeal, pursuant to 18 U.S.C. § 3731, arguing that the officers engaged in a valid investigatory stop. We conclude that the district court's decision was in error, and thus, we reverse.

I.

On September 7, 2001, at approximately 10:19 a.m., the MPD radio dispatcher broadcast to all police units information regarding an armed robbery that had occurred

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at the Citizen's Bank inside the Shaw's Supermarket on Locust Street in Medford, Massachusetts around 10:00 a.m. The dispatcher stated that the robbery had been committed using a knife and that the two male robbers had used a black getaway vehicle with Massachusetts registration number 9936RT. The vehicle had turned left out of a parking lot located on Locust Street and was, according to the police radio report, headed towards Riverside Avenue.

After the initial dispatches were reported over radio broadcast, MPD Officer Sheila Quinn ("Quinn") reported that she was in pursuit of a black car on Riverside Avenue. By this time, the police knew that the car had been stolen. Quinn said over the radio that there were two white males inside the car. The car was reported to have crossed the Fellsway and Middlesex Avenue, gone down Fifth Street and turned left. The vehicle was abandoned in the vicinity of the Osgood School on Fourth Street, and the occupants fled on foot.

Lieutenant Michael Goulding ("Goulding") was on duty at the time of the initial broadcast regarding the armed robbery. He left the station in an unmarked police car accompanied by Detective Robert Scully ("Scully"). They drove towards the reported location of the getaway car. When they arrived at Fourth Street and Middlesex Avenue, they heard over the radio that the suspects had abandoned the car in front of the Osgood School. The suspects were reported to be on foot, and according to the radio broadcast, one suspect was heading towards the Fellsway.

Goulding and Scully, in plain clothes, parked their unmarked car near 112 Second Street. The officers wanted to position themselves along the likely escape route of the suspects. Second Street was empty at the time, as most of the police cruisers were already parked on Fourth Street near the Osgood School. Shortly after parking on Second Street, Goulding saw a white man, later identified as defendant Maguire, emerge from a backyard on Second Street, apparently coming out of a private residential property. Maguire appeared disheveled, unkempt and confused, and he had scratches on his face and hands. He also appeared to be wearing several layers of clothing on what was described as a very warm and sunny day.

The accounts diverge at this point. According to Goulding's account, after stepping out of the vehicle, Goulding and Scully approached Maguire, who continued to walk at a steady pace. 2 The officers began speaking with Maguire, and Goulding asked Maguire if he was from the area. According to Goulding, Maguire was not responsive and appeared dazed. When asked how he was doing, defendant responded "Huh?" Eventually, Maguire informed the officers that he was from Malden, not Medford, which is approximately half a mile away. 3 Goulding testified that, up to this point, neither he nor Scully had restrained Maguire in any way.

Goulding asserts that while speaking to Maguire, someone suddenly yelled "Get your hands up!" MPD Officer Richard Dorrance ("Dorrance") was standing on the other side of Maguire with his gun drawn, yelling at him. Goulding testified that Maguire raised his hands, which revealed

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a knife protruding from his waistband at the small of his back. Goulding testified that he turned his attention from Dorrance to Maguire after assuring himself that Dorrance was a fellow officer. Maguire raised his hands, which enabled Goulding to see a black-handled object protruding from the waistband of Maguire's pants. Goulding recognized the object as a knife. He then proceeded to grab Maguire's arm, and with Scully's assistance, put Maguire on the ground. Goulding and Scully pulled a large kitchen-style knife out of the back of Maguire's pants and threw it to the side. To determine if Maguire had any other weapons, they grabbed anything that was loose on the suspect, which included a gray shirt, a blue shirt and a towel, which were put to the side. Goulding also tossed aside a white baseball cap that had fallen off Maguire's head. He testified that he did not see the knife until Maguire raised his arms. Goulding did not file a written report of his activities on September 7, 2001.

Officer Dorrance's account differs from Goulding's in some respects. Dorrance was on duty in a marked cruiser when the initial report of the armed robbery...

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