Gaines v. Craven, No. 71-1593.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation448 F.2d 1236
PartiesLarry D. GAINES, Plaintiff-Appellant, v. Walter E. CRAVEN et al., Defendant-Appellee.
Docket NumberNo. 71-1593.
Decision Date27 September 1971

448 F.2d 1236 (1971)

Larry D. GAINES, Plaintiff-Appellant,
v.
Walter E. CRAVEN et al., Defendant-Appellee.

No. 71-1593.

United States Court of Appeals, Ninth Circuit.

September 27, 1971.


Robert Talbot, Law School, University of San Francisco, San Francisco, Cal., for appellant.

Evelle J. Younger, Cal. Atty. Gen., Robert R. Granucci, Michael Buzzell, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before KOELSCH, CARTER and CHOY, Circuit Judges.

PER CURIAM:

Larry D. Gaines, a state prisoner, appeals from a District Court order, following an evidentiary hearing, denying his application for a writ of habeas corpus. We affirm.

The facts, as found by the District Court, agree with those stated in People v. Gaines, 265 Cal.App.2d 642, 71 Cal. Rptr. 468 (1968), which affirmed appellant's conviction. Briefly, appellant, a suspected narcotics user, was confronted by a police officer as he (appellant) emerged from an apartment where the police had an unconfirmed tip narcotics were being sold. Seeing the policeman, appellant threw a package back through the open apartment door. The officer rushed into the apartment before the door could be closed and retrieved the package which was found to contain heroin. Appellant was arrested, tried, and found guilty of possessing heroin.

Appellant argues that the hallway confrontation by the police officer was a "seizure" of his person under Terry v. Ohio, 392 U.S. 1, 19, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Assuming this to be true, the officer testified that his sole purpose in stopping appellant was to ask a few questions. Since we have held that a well-founded suspicion is all

448 F.2d 1237
that is necessary to justify a brief detention for purposes of limited inquiry during a routine police investigation, the alleged "seizure" is constitutionally permissible. United States v. Brown, 436 F.2d 702 (9th Cir. 1970); Gilbert v. United States, 366 F.2d 923 (9th Cir. 1966)

Appellant also contends that the policeman's entry into the apartment was illegal. It is clear from the facts, however, that the officer concluded that the package would be destroyed if he did not take immediate action. This conclusion was well-founded, and the entry was therefore proper. Ker v. California, 374 U.S. 23, 39-40, 83 S.Ct. 1623, 10 L. Ed.2d 726 (1963). See Theobald v. United States, 371 F.2d 769 (9th Cir. 1967.)

As an additional ground for relief, appellant asserts that the state trial court deprived him of his right to...

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41 practice notes
  • Robinson v. Howes, CASE NO. 07-15419
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • November 30, 2010
    ...be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S. Ct., at 1879-1880; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 1970). Adams v. Williams, 407 U.S. at 145-46, 92 S. Ct. at 1923. Furthermore, the ......
  • State v. Byers, No. 43491
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1975
    ...Cert. denied 388 U.S. 922, 87 S.Ct. 2123, 18 L.Ed.2d 1370 (1967); United States v. Brown, 436 F.2d 702 (9th Cir. 1970); Gaines v. Craven, 448 F.2d 1236 (9th Cir. 1971); United States v. Richards, 500 F.2d 1025 (9th Cir. The distinction between an arrest and an investigative field detention ......
  • State v. Calhoun, 4 Div. 505
    • United States
    • Alabama Court of Criminal Appeals
    • January 28, 1986
    ...be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S.Ct. at 1879-1880; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 Adams, supra, 92 S.Ct. at 1923. The seizure of Schartau was "... merely a minor inco......
  • Pritz v. Hackett, No. 76-C-478.
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • November 17, 1977
    ...may be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S.Ct. 1868; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 The appearance of plaintiffs with a suspect in a robbery at a car thought to have been i......
  • Request a trial to view additional results
41 cases
  • Robinson v. Howes, CASE NO. 07-15419
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • November 30, 2010
    ...be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S. Ct., at 1879-1880; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 1970). Adams v. Williams, 407 U.S. at 145-46, 92 S. Ct. at 1923. Furthermore, the ......
  • State v. Byers, No. 43491
    • United States
    • United States State Supreme Court of Washington
    • September 11, 1975
    ...Cert. denied 388 U.S. 922, 87 S.Ct. 2123, 18 L.Ed.2d 1370 (1967); United States v. Brown, 436 F.2d 702 (9th Cir. 1970); Gaines v. Craven, 448 F.2d 1236 (9th Cir. 1971); United States v. Richards, 500 F.2d 1025 (9th Cir. The distinction between an arrest and an investigative field detention ......
  • State v. Calhoun, 4 Div. 505
    • United States
    • Alabama Court of Criminal Appeals
    • January 28, 1986
    ...be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S.Ct. at 1879-1880; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 Adams, supra, 92 S.Ct. at 1923. The seizure of Schartau was "... merely a minor inco......
  • Pritz v. Hackett, No. 76-C-478.
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • November 17, 1977
    ...may be most reasonable in light of the facts known to the officer at the time. Id., at 21-22, 88 S.Ct. 1868; see Gaines v. Craven, 448 F.2d 1236 (CA9 1971); United States v. Unverzagt, 424 F.2d 396 (CA8 The appearance of plaintiffs with a suspect in a robbery at a car thought to have been i......
  • Request a trial to view additional results

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