U.S. v. Miramonted, No. 03-1199.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtMcWilliams
PartiesUNITED STATES of America, Plaintiff-Appellant, v. Vincente MIRAMONTED, Defendant-Appellee.
Decision Date21 April 2004
Docket NumberNo. 03-1199.
365 F.3d 902
UNITED STATES of America, Plaintiff-Appellant,
v.
Vincente MIRAMONTED, Defendant-Appellee.
No. 03-1199.
United States Court of Appeals, Tenth Circuit.
April 21, 2004.

Page 903

James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Office of the United States Attorney, Denver, CO, for Plaintiff-Appellant.

Matthew C. Golla, Assistant Public Defender (Michael G. Katz, Federal Public Defender, with him on the brief), Office of the Federal Public Defender, Denver, Colorado.

Before TYMKOVICH, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and PAYNE, District Judge.*

McWILLIAMS, Senior Circuit Judge.


In a two-count indictment filed on November 5, 2002, Vincente Miramonted ("the defendant") was charged as follows: (1) Unlawful possession on October 5, 2002, of a firearm, namely an Intratec, model Tec-9, 9mm semi-automatic pistol, after having been previously convicted of a felony, in violation of 18 U.S.C § 922(g)(1); and (2) Unlawful possession on October 5, 2002, of less than five grams of cocaine in violation of 21 U.S.C. § 844(a). On April 4, 2003, the defendant filed a motion to suppress "any and all evidence obtained as a result of Mr. Miramonted's illegal and unlawful detention and arrest on October 5, 2002, and any evidence derived from that arrest, specifically an Intratec, model Tec-9, 9mm semi-automatic pistol seized from a blue Ford-150 parked in the 1300 block of 29th Street in Denver, Colorado." The government filed a response and requested the district court to deny the motion to suppress on the grounds that the police did have probable cause to arrest the defendant, setting forth therein the chronology leading up to the defendant's arrest. In connection with the semi-automatic, the government in its response, stated, inter alia, that "Officer Kristy Garcia could see the gun laying on the seat in plain view."

At the hearing on the motion to suppress, the government called one witness, Kristy Garcia, a Denver Police Officer, who was examined and cross-examined at length, without any objection. The defendant called no witness. After a brief colloquy between court and counsel, the district court granted the motion. The government filed a motion for reconsideration. In that motion the government again asserted that "the police had probable cause to believe that a crime had been committed (i.e., felony menacing....)" In that same motion, the government also stated that, in any event, the seizure of the gun was justified under the doctrine of "motor vehicle exception," citing Maryland v. Dyson, 527 U.S. 465, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999). The motion for reconsideration also stated that at the suppression hearing, "the government tried to explain that ["the motor vehicle exception"] was the government's theory for justifying police action in this case." After a short colloquy between court and counsel, the motion to reconsider was peremptorily denied, with no further hearing. Pursuant to

Page 904

18 U.S.C. § 3731, the government appeals. We reverse.

In granting the motion to suppress the district court stated that Officer Garcia "was nothing but a spectator" and granted the motion, stating that "you haven't proved anything with this witness, except she saw a gun in a car and got it."

At the outset, we agree with counsel that some, if not much, of Garcia's testimony was based on hearsay. But hearsay testimony is admissible at suppression hearings such as the present one and should be considered by a district court in deciding whether an arrest was based on probable cause. U.S. v. Matlock, 415 U.S. 164, 173, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974)...

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36 practice notes
  • U.S. v. Williams, Criminal Action No. 3:07CR-117-S.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • 20 Agosto 2009
    ...in the stop may be taken into consideration when determining whether reasonable suspicion exists. See United States v. Miramonted, 365 F.3d 902, 905 (10th Cir.2004) ("Probable cause and/or reasonable suspicion can rest on the collective knowledge of law enforcement, rather than solely on th......
  • Cortez v. McCauley, No. 04-2062.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 16 Febrero 2007
    ...Cortez. Plainly, whether we view it as a need for more pre-arrest investigation because of insufficient information, see Valenzuela, 365 F.3d at 902,7 or inadequate corroboration, 478 F.3d 1117 what the officers had fell short of reasonably trustworthy information indicating that a crime ha......
  • United States v. Serna, No. CR 18-3321 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 5 Abril 2019
    ...172-77, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974) ); United States v. Sanchez, 555 F.3d 910, 922 (10th Cir. 2009) ; United States v. Miramonted, 365 F.3d 902, 904 (10th Cir. 2004).1. APD has employed Silva as a sergeant for two years and as an APD officer for fourteen years. See Draft Transcript ......
  • Favela v. City of Las Cruces Ex rel. Las Cruces Police Dep't, No. CIV 17-0568 JB\SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 27 Junio 2019
    ...explained that,whether we view it as a need for more pre-arrest investigation because of insufficient information, see Valenzuela , 365 F.3d at 902, or inadequate corroboration, what the officers had fell short of reasonably trustworthy information indicating that a crime had been committed......
  • Request a trial to view additional results
36 cases
  • U.S. v. Williams, Criminal Action No. 3:07CR-117-S.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • 20 Agosto 2009
    ...in the stop may be taken into consideration when determining whether reasonable suspicion exists. See United States v. Miramonted, 365 F.3d 902, 905 (10th Cir.2004) ("Probable cause and/or reasonable suspicion can rest on the collective knowledge of law enforcement, rather than solely on th......
  • Cortez v. McCauley, No. 04-2062.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 16 Febrero 2007
    ...Cortez. Plainly, whether we view it as a need for more pre-arrest investigation because of insufficient information, see Valenzuela, 365 F.3d at 902,7 or inadequate corroboration, 478 F.3d 1117 what the officers had fell short of reasonably trustworthy information indicating that a crime ha......
  • United States v. Serna, No. CR 18-3321 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 5 Abril 2019
    ...172-77, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974) ); United States v. Sanchez, 555 F.3d 910, 922 (10th Cir. 2009) ; United States v. Miramonted, 365 F.3d 902, 904 (10th Cir. 2004).1. APD has employed Silva as a sergeant for two years and as an APD officer for fourteen years. See Draft Transcript ......
  • Favela v. City of Las Cruces Ex rel. Las Cruces Police Dep't, No. CIV 17-0568 JB\SMV
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 27 Junio 2019
    ...explained that,whether we view it as a need for more pre-arrest investigation because of insufficient information, see Valenzuela , 365 F.3d at 902, or inadequate corroboration, what the officers had fell short of reasonably trustworthy information indicating that a crime had been committed......
  • Request a trial to view additional results

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