Opinion

United States v. Ronald Berry Washington

  • 387 F.3d 1060
  • 2004 U.S. App. LEXIS 22710
  • 2004 WL 2435487
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 2, 2004
Status
Published
Author
Beam
On the bench
Pregerson, Beam, Paez
Cited by
91 cases

concluding a seizure occurred when the defendant and his companion were engaged by six officers in an outdoor hallway outside of his motel room, the officers moved the defendant “twenty to thirty feet away from his door,” and the officers never informed the defendant that he had a right not to respond to their questions and terminate the encounter

How later courts described this case

  • concluding a seizure occurred when the defendant and his companion were engaged by six officers in an outdoor hallway outside of his motel room, the officers moved the defendant “twenty to thirty feet away from his door,” and the officers never informed the defendant that he had a right not to respond to their questions and terminate the encounter
  • holding that a seizure occurs when, “taking into account all of the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business” (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991)) (internal quotation marks omitted)
  • holding that an encounter was not consensual where it occurred in a private place, the officers refused to honor the defendant’s request to shut the door, and the officers advised the defendant several times that he could be arrested and told him he could not terminate the encounter
  • finding it “difficult to conclude that the officers acted in good faith” when they had asked for consent after they already unconstitutionally entered the defendant’s room

Written by the judges who cited it.

The opinion

BEAM, Circuit Judge,

concurring:

I concur in the result reached by the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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