364 U.S. 253 (1960), 52, Rios v. United States

Docket Nº:No. 52
Citation:364 U.S. 253, 80 S.Ct. 1431, 4 L.Ed.2d 1688
Party Name:Rios v. United States
Case Date:June 27, 1960
Court:United States Supreme Court
 
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Page 253

364 U.S. 253 (1960)

80 S.Ct. 1431, 4 L.Ed.2d 1688

Rios

v.

United States

No. 52

United States Supreme Court

June 27, 1960

Argued March 29, 1960

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Evidence seized in an unreasonable search by state officers must be excluded from a federal criminal trial upon the timely objection of a defendant who has standing to complain. Elkins v. United States, ante, p. 206. P. 255.

2. Without probable cause for arrest and without a warrant for search or arrest, state police officers followed a taxicab in which petitioner was riding and approached it when it stopped at a traffic light. The record is unclear as to the sequence of the events which followed, but the cab door was opened, petitioner dropped a recognizable package of narcotics to the floor of the vehicle, and one officer grabbed the petitioner as he alighted from the cab and another officer retrieved the package. In a state prosecution for unlawful possession of narcotics, the evidence was suppressed on the ground that it had been unlawfully seized, and petitioner was acquitted. Later, in a federal prosecution under 21 U.S.C. § 174 for unlawful receipt and concealment of narcotics, the Federal District Court denied a timely motion to suppress and admitted the package of narcotics in evidence, and petitioner was convicted. The Court of Appeals affirmed.

Held: the case is remanded to the District Court for determination as to the lawfulness of the state officers' conduct, in accordance with the basic principles governing the validity of searches and seizures by federal officers under the Fourth Amendment, and for other proceedings consistent with this opinion. Pp. 255-262.

(a) On the record, it cannot be said that there existed probable cause for an arrest when the officers decided to alight from their car and approach the taxicab in which petitioner was riding. P. 261.

(b) Therefore, if the arrest occurred when the officers took their positions at the doors of the taxicab, nothing that happened thereafter could make the arrest lawful or justify a search as its incident. Pp. 261-262.

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(c) If the petitioner voluntarily revealed the package of narcotics to the officers' view, a lawful arrest could then have been supported by reasonable cause to believe that a felony was being committed in their presence. P. 262.

(d) The validity of the search turns upon the narrow question of when the arrest occurred, and the answer to that question depends upon an evaluation of the conflicting testimony of those who were present at the time. P. 262.

256 F.2d 173, judgment vacated and cause remanded.

STEWART, J., lead opinion

MR. JUSTICE STEWART delivered the opinion of the Court.

An indictment filed in the United States District Court for the Southern District of California charged the petitioner [80 S.Ct. 1433] with unlawful receipt and concealment of narcotics in violation of 21 U.S.C. § 174. Before trial, the petitioner made a motion to suppress for use as evidence a package of heroin which, so a California court had found, Los Angeles police officers had obtained from the petitioner in an unconstitutional search and seizure. After a hearing, the District Court denied the motion to suppress, finding that federal agents had not participated in the search, and finding also that the California officers had obtained the evidence in a lawful manner. The package of narcotics was admitted in evidence over the petitioner's renewed objection at his subsequent trial. He was convicted and sentenced to twenty years in prison.

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The Court of Appeals affirmed the conviction, accepting the District Court's finding that the seizure had been lawful and holding that, in any event, illegally seized evidence "may nevertheless be received in a federal prosecution, if the seizure was made without the participation of federal officials." 256 F.2d 173 at 176. Certiorari was granted in an order which limited the questions for consideration to two, 359 U.S. 965:

1. Independently of the state court's determination, was the evidence used against petitioner in the federal prosecution obtained in violation of his rights under the Constitution of the United States?

2. If the evidence was unlawfully obtained, was such evidence admissible in the federal prosecution of petitioner because it was obtained by state officers without federal participation?

In Elkins v. United States, decided today, ante, p. 206, the Court has answered the second question by holding that evidence seized in an unreasonable search by state officers is to be excluded from a federal criminal trial upon the timely objection of a defendant who has standing to complain. The only question that remains in this case, therefore, is whether the Los Angeles officers obtained the package of heroin

during a search which, if conducted by federal officers, would have violated the defendant's immunity from unreasonable searches and seizures under the Fourth Amendment.

Ante, p. 223. As in most cases involving a claimed unconstitutional search and seizure, resolution of the question requires a particularized evaluation of the conduct of the officers involved. See Go-Bart Importing Co. v. United States, 282 U.S. 344, 357.

At about ten o'clock on the night of February 18, 1957, two Los Angeles police officers, dressed in plain clothes and riding in an unmarked car, observed a taxicab standing

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in a parking lot next to an apartment house at the corner of First and Flower Streets in Los Angeles. The neighborhood had a reputation for "narcotics activity." The officers saw the petitioner look up and down the street, walk across the lot, and get into the cab. Neither officer had ever before seen the petitioner, and neither of them had any idea of his identity. Except for the reputation of the neighborhood, neither officer had received information of any kind to suggest that someone might be engaged in criminal activity at that time and place. They were not searching for a participant in any previous crime. They were in possession of no arrest or search warrants.

The taxicab drove away, and the officers followed it in their car for a distance of about two miles through the city. At the intersection of First and State Streets, the cab stopped for a traffic light. The two officers alighted from their car and approached on foot to opposite sides of the cab. One of the officers identified himself as a policeman. In the next minute, there occurred a rapid succession of events. The cab door was opened; the petitioner dropped a [80 S.Ct. 1434] recognizable package of narcotics to the floor of the vehicle; one of the officers grabbed the petitioner as he alighted from the cab; the other officer retrieved the package; and the first officer drew his revolver.1

The precise chronology of all that happened is not clear in the record. In their original arrest report, the police stated that the petitioner dropped the package only after one of the officers had opened the cab door. In testifying later, this officer said that he saw the defendant drop the package before the door of the cab was opened. The taxi

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driver gave a substantially different version of what occurred. He stated that one of the officers drew his revolver and "took hold of the defendant's arm while he was still in the cab."2

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A state criminal prosecution was instituted against the petitioner, charging [80 S.Ct. 1435] him with possession of narcotics, a felony under California law. Cal.Health and Safety Code, § 11500. At a preliminary hearing, the two Los Angeles officers testified as to the circumstances surrounding the arrest and seizure. When the case came on for trial in the Superior Court of Los Angeles County, the petitioner moved to suppress as evidence the package of heroin which the police had seized. On the basis of the transcript of the preliminary hearing, and after brief argument by counsel, the court granted the motion and entered a judgment of acquittal.3

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Thereafter, one of the Los Angeles officers who had arrested the petitioner discussed the case with his superiors and suggested giving the evidence to United States authorities. He then got in touch with federal narcotics agents and told them about the petitioner's case. This led to the federal prosecution we now review.4

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In holding that the package of heroin which had been seized by the state officers was admissible as evidence in the federal trial, the District Court placed prime reliance upon the silver platter doctrine, there having been no participation by federal agents in the search and seizure. But the court also expressed the opinion, based upon the transcript of the state court proceedings and additional testimony of the two Los Angeles police officers at the hearing on the motion to suppress, that the officers had obtained the evidence lawfully. The court was of the view...

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