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United States v. Luckett

United States Court of Appeals, Ninth Circuit
Aug 17, 1973
484 F.2d 89 (9th Cir. 1973)

Summary

holding that the Fourth Amendment "permits a police officer to detain an individual stopped for jaywalking only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation."

Summary of this case from Hesterberg v. United States

Opinion

No. 73-1632.

August 17, 1973.

William D. Keller, U.S. Atty., Eric A. Nobles, Gregory C. Glynn, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellant.

John K. Van De Kamp, Federal Public Defender, Gail M. Title, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellee.

Appeal from the United States District Court for the Central District of California.

Before BROWNING and ELY, Circuit Judges, and ZIRPOLI, District Judge.

Honorable Alfonso J. Zirpoli, United States District Judge, Northern District of California, sitting by designation.


OPINION


The government appeals from an order of the district court granting appellee's motion to suppress evidence. The district court relied upon several grounds in granting the motion. Because we agree that the police improperly held appellee until a warrant check could be run, we do not reach the other issues raised by the subsequent events.

At approximately 12:30 a. m., in the early morning of a Saturday, two city police officers saw appellee cross a street in Gardena, California, against the traffic light. The officers drove up to him and waved him to the car. He responded immediately and, after being questioned about the possible jaywalking violation, he readily admitted his error. At the request of one of the officers, he then produced five pieces of identification in the name of Peter Richard Schily. Although the identification produced did not include a driver's license, appellee explained that this was because he could not drive. The officer accepted the identification and executed a traffic citation. Throughout this time appellee had been cooperative and had done nothing to arouse particular suspicion. Nevertheless, rather than release appellee at this point, the officers continued to detain him in order to run a warrant check on the name he gave. This was done for the sole reason that he lacked a driver's license. The warrant check produced the information that there was an outstanding traffic warrant against Peter Richard Schily, and, following a subsequent arrest and search, a package of counterfeit United States Postal Money Orders was found in appellee's pocket.

Appellant urges the court to reject this finding of the district court. It is not "clearly erroneous," however, and therefore, it must be upheld. See, e. g., United States v. Welp. 469 F.2d 688 (9th Cir. 1972).

Once the police officers required appellee to come to the police car, he was "seized," and therefore, the Fourth Amendment required that the length and scope of the detention be "`strictly tied to and justified by' the circumstances which rendered its initiation permissible." Terry v. Ohio, 392 U.S. 1, 16, 19, 88 S.Ct. 1868, 1878, 20 L.Ed.2d 889 (1968). This standard permits a police officer to detain an individual stopped for jaywalking only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation. Cf. United States v. Hunter, 471 F.2d 6, 7 (9th Cir. 1972). Here the police had completed both these functions, but they continued to detain appellee for the purpose of running a warrant check. Because they had no reasonable grounds to be suspicious that there might be a warrant outstanding against him, this continued detention was unreasonable, and its fruits, therefore, were properly suppressed by the district court.

Affirmed.


Summaries of

United States v. Luckett

United States Court of Appeals, Ninth Circuit
Aug 17, 1973
484 F.2d 89 (9th Cir. 1973)

holding that the Fourth Amendment "permits a police officer to detain an individual stopped for jaywalking only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation."

Summary of this case from Hesterberg v. United States

holding that police officer was justified in detaining an individual who was stopped for jaywalking only during the time necessary to obtain satisfactory identification and to execute a traffic citation, and that when the officer had completed those functions but continued to detain the individual for the purpose of running a warrant check, without reasonable grounds to be suspicious that there might be a warrant outstanding against him, the “continued detention was unreasonable, and its fruits, therefore, were properly suppressed”

Summary of this case from Ramsey v. United States

holding jaywalker for warrant check unreasonable without reason to suspect there may be outstanding warrant

Summary of this case from State v. Walker

finding that an individual stopped for jaywalking may be detained "only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation"

Summary of this case from Pierce v. Multnomah County, or

finding that an individual stopped for jay-walking may be detained "only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation."

Summary of this case from Martin v. Berg

finding that an individual stopped for jay-walking may be detained "only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation."

Summary of this case from Martin v. Berg

finding Fourth Amendment violation where pedestrian stopped for jaywalking continued to be detained for a warrants check after pedestrian was issued a citation, and where no reasonable suspicion supported seizure for check of outstanding warrants

Summary of this case from Hesterberg v. United States

finding Fourth Amendment violation where pedestrian stopped for jaywalking continued to be detained for a warrants check after pedestrian was issued a citation, and where no reasonable suspicion supported seizure for check of outstanding warrants

Summary of this case from Hesterberg v. United States

finding Fourth Amendment violation where pedestrian stopped for jaywalking continued to be detained for a warrants check after pedestrian was issued a citation, and where no reasonable suspicion supported seizure for check of outstanding warrants

Summary of this case from Hesterberg v. United States

finding that an individual stopped for jay-walking may be detained "only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation"

Summary of this case from Sameth v. Cnty. of Los Angeles

concluding that action of police in stopping jaywalker, issuing a citation, and thereafter holding jaywalker for a warrant check, without reason to suspect that there may be an outstanding warrant, was unreasonable

Summary of this case from Brown v. State

In United States v. Luckett, 484 F.2d 89 (9th Cir. 1973) (per curiam), we held that a police officer's knowledge that a man was subject to an outstanding bench warrant, which he acquired only after unlawfully seizing the man, did not retroactively render the seizure of that man "reasonable" under the Fourth Amendment.

Summary of this case from Moreno v. Baca

In United States v. Luckett, 484 F.2d 89 (9th Cir. 1973) (per curiam), we held that a police officer's knowledge that a man was subject to an outstanding bench warrant, which he acquired only after unlawfully seizing the man, did not retroactively render the seizure of that man "reasonable" under the Fourth Amendment.

Summary of this case from Moreno v. Baca

In United States v. Luckett, 484 F.2d 89 (9th Cir. 1973) (per curiam), we held that a police officer's knowledge that a man was subject to an outstanding bench warrant, which he acquired only after unlawfully seizing the man, did not retroactively render the seizure of that man "reasonable" under the Fourth Amendment.

Summary of this case from Moreno v. Baca

noting that the Fourth Amendment "permits a police officer to detain an individual stopped for jaywalking only the time necessary to obtain satisfactory identification from the violator and to execute a traffic citation"

Summary of this case from Smith v. Kelly

noting that the Fourth Amendment requires the length and scope of such a stop be "strictly tied to and justified by the circumstances which rendered its initiation permissible"

Summary of this case from U.S. v. Crowley

In United States v. Luckett, 484 F.2d 89 (9th Cir. 1973), police officers observed Luckett cross a street against a traffic light, drove up to him and waived him to the car and questioned him about the possible jaywalking.

Summary of this case from MORENO v. BACA

In Luckett, 484 F.2d at 91, the court required suppression of the counterfeit money orders seized following the improper detention for a warrants check.

Summary of this case from Wilson v. State

In United States v. Luckett, 484 F.2d 89, 90 (9th Cir. 1973), two city police officers in Gardena, California observed a man cross a street, at 12:30 a.m., against a traffic light.

Summary of this case from Wilson v. State

In United States v. Luckett, 484 F.2d 89 (9th Cir. 1973), police officers detained the defendant to run a warrant check after citing him for jaywalking.

Summary of this case from State v. Rife
Case details for

United States v. Luckett

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, v. HARRY SHERMAN LUCKETT…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 17, 1973

Citations

484 F.2d 89 (9th Cir. 1973)

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