United States v. Portouando Stubblefield, United States of Am. v. Debra Lynn Stokes, United States of Am. v. Eladio Uy Stubblefield, 621 F.2d 980 (9th Cir. 1980). · Go Syfert
United States v. Portouando Stubblefield, United States of Am. v. Debra Lynn Stokes, United States of Am. v. Eladio Uy Stubblefield, 621 F.2d 980 (9th Cir. 1980). Cases Citing This Book View Copy Cite
46 citation events (23 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Jasvir Kaur (ca9, 2018-10-17)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jasvir Kaur
9th Cir. · 2018 · confidence medium
United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir. 1980) (because “there was overwhelming independent evidence against the defendants . . . . any error in admitting the in-court identification testimony was harmless beyond a reasonable doubt”).
cited Cited as authority (rule) United States v. Charles Allen Gipson
9th Cir. · 2010 · signal: cf. · confidence medium
Cf. United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980) (“[T]he photographs exhibited to the [government’s witnesses] depicted the perpetrators of the robbery.
discussed Cited as authority (rule) United States v. Michael Emmett Beck (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
We have held that “[p]ost-arrest photographic displays are permissible if the procedure used protects the rights of the accused.” United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir. 1980).
discussed Cited as authority (rule) United States v. Beck (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
UNITED STATES v. BECK 10349 protects the rights of the accused.” United States v. Stubble- field, 621 F.2d 980, 983 (9th Cir. 1980).
discussed Cited as authority (rule) United States v. Michael Emmett Beck (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
We have held that “[pjost-arrest photographic displays are permissible if the procedure used protects the rights of the accused.” United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir. 1980).
discussed Cited as authority (rule) United States v. Beck (2×) also: Cited "see"
9th Cir. · 2005 · confidence medium
We have held that “[p]ost-arrest photographic displays are permissible if the procedure used protects the rights of the accused.” United States v. Stubble- field, 621 F.2d 980, 983 (9th Cir. 1980).
discussed Cited as authority (rule) People v. Gee (2×) also: Cited "see"
N.Y. App. Div. · 2001 · confidence medium
Nor were the photographs used in the photographic lineup unduly suggestive.” To the same effect as the foregoing cases are numerous others, including United States v Browne (829 F2d 760, 764-765, cert denied 485 US 991 ); United States v Monks (774 F2d 945, 957); United States v Love (692 F2d 1147, 1151); United States v Casper (679 F2d 136, 137); United States v Montellano (633 F2d 1313, 1324, cert denied 450 US 1043 ); United States v Stubblefield (supra, at 983); United States v McNair ( 439 F Supp 103, 105-106 , affd 571 F2d 573, cert denied 435 US 976 ); United States v Bridgefourth (53…
discussed Cited as authority (rule) United States v. Robert Eldon Bennett
9th Cir. · 1989 · confidence medium
United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980). 6 AFFIRMED. * The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed.R.App.P. 34(a) ** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
discussed Cited as authority (rule) United States v. Ronald James Sierra James William McCallum Michael G. Santos and Raymond Perez-Castillo
9th Cir. · 1989 · confidence medium
Evidence derived from an impermissibly suggestive identification procedure is harmless if other evidence establishing the contested identification is "overwhelming." United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980). 30 Larizza testified that he went to Bellingham at Santos's request, that he arranged the trip by telephone, and that he delivered a kilogram of cocaine and returned.
discussed Cited as authority (rule) United States v. Larry Donnell George
9th Cir. · 1989 · confidence medium
L.Ed.2d 203 (1981); United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980) (officers were justified in entering home after arresting several suspects on their front porch; officers were reasonably concerned that additional suspects reportedly remaining inside of the home had become aware of their presence); United States v. McLaughlin, 525 F.2d 517, 521 (9th Cir.1975) (the arrest of an accomplice “made it likely that those in the McLaughlin residence would discover that they were under surveillance”), cert. denied, 427 U.S. 904 , 96 S.Ct. 3190 , 49 L.Ed.2d 1198 (1976).
discussed Cited as authority (rule) United States v. Morris Stanley Browne
9th Cir. · 1987 · confidence medium
As we have pointed out at least twice before: “Little possibility of misidentification arises from the use of photographs depicting ‘the likeness not of some possible suspect in the police files, but of the [person] who actually committed the robbery.’ ... [A]ny resemblance between the person[ ] in the photographs and the defendant] not only was not impermissibly suggestive, but, in fact was highly probative.” United States v. Monks, 774 F.2d 945, 957 (9th Cir.1985) (citation omitted) (quoting United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980)); see also United States v. P…
discussed Cited as authority (rule) United States v. Charles Eugene Monks, United States of America v. Gary A. Holt
9th Cir. · 1985 · confidence medium
The fact that the bank surveillance photographs of the robber were shown to the tellers just prior to their photo lineup selection does not jeopardize their identifications because, as this court declared in United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980) (rejecting a similar claim), the recollection of an eyewitness is refreshed by the use of photographs of the crime itself.
discussed Cited as authority (rule) United States v. Clark
E.D. Pa. · 1985 · confidence medium
This indication analogizes the situation to one of “hot pursuit”, and “the possibility that the unapprehended ... [methamphetamine-P2P chemist] remained within the house supplied sufficient exibent circumstances to justify the officers in ... searching for the individual____” United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980) (further citations omitted).
discussed Cited as authority (rule) Robert Mata v. George W. Sumner, Warden of the California State Prison at San Quentin (2×)
9th Cir. · 1983 · confidence medium
See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967); United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980); Green v. Loggins, 614 F.2d 219, 225 (9th Cir.1980).
discussed Cited as authority (rule) Williams v. State
Fla. Dist. Ct. App. · 1981 · confidence medium
Speed here was essential, and only a thorough search of the house for persons and weapons could have insured that Hayden was the only man present and that police had control of all weapons which could be used against them or to effect an escape." In United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980) involving armed bankrobbery, the court stated that "the combination of hot pursuit and possibility that the unapprehended participant in the robbery remained within the house supplied sufficient exigent circumstances to justify police officers entering the house... ." In Weddle v. Stat…
discussed Cited "see" United States v. Manuel Garcia Bracamonte
9th Cir. · 1993 · signal: see · confidence high
See United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980) (showing witnesses surveillance photographs was not overly suggestive); United States v. Dring, 930 F.2d 687, 692 (9th Cir.1991), cert. denied, 113 S.Ct. 110 (1992) (showing witnesses a single photograph was not overly suggestive); United States v. Hernandez-Valenzuela, 932 F.2d 803, 804-05 (9th Cir.1991) (seeing the defendant in custody was not overly suggestive).
cited Cited "see" United States v. Harry Duprey, Juan Bolivar and Cesar A. Bolivar
7th Cir. · 1989 · signal: see · confidence high
See United States v. Stubblefield, 621 F.2d 980, 983 (9th Cir.1980) (lack of necessity of post-arrest photographic display is a consideration in assessing propriety of display).
discussed Cited "see" Gloria Llaguno v. Edward Mingey (2×)
7th Cir. · 1985 · signal: see · confidence high
See United States v. Stubblefield, 621 F.2d 980 (9th Cir.1980); United States v. Oaxaca, 569 F.2d 518, 520-22 (9th Cir.1978); United States v. Scott, 520 F.2d 697 (9th Cir.1975); United States v. Holland, 511 F.2d 38, 44-45 (6th Cir.1975); United States v. Shye, 492 F.2d 886 (6th Cir.1974) (per curiam).
discussed Cited "see" United States v. Peter Kreimes
5th Cir. · 1981 · signal: see · confidence high
See United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir. 1980); United States v. Flickinger, 573 F.2d 1349, 1355 (7th Cir.), cert. denied, 439 U.S. 836 , 99 S.Ct. 119 , 58 L.Ed.2d 132 (1978); United States v. De La Fuente, 548 F.2d 528, 538-39, n. 14 (5th Cir.), cert. denied, 431 U.S. 932 , 97 S.Ct. 2640 , 53 L.Ed.2d 249 (1977).
discussed Cited "see, e.g." United States v. Hector Hernan Hoyos (2×)
9th Cir. · 1989 · signal: compare · confidence medium
Compare United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980). .
discussed Cited "see, e.g." United States v. Hector Hernan Hoyos (2×)
9th Cir. · 1989 · signal: compare · confidence medium
Compare United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980). .
discussed Cited "see, e.g." Jones v. Waters
E.D. Pa. · 1983 · signal: see, e.g. · confidence medium
See, e.g., United States v. Stubblefield, 621 F.2d 980, 982 (9th Cir.1980) (arrest sustained where officers arrested three bank robbery suspects outside premises, then entered house to arrest fourth).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Portouando STUBBLEFIELD, Defendant-Appellant; UNITED STATES of America, Plaintiff-Appellee, v. Debra Lynn STOKES, Defendant-Appellant; UNITED STATES of America, Plaintiff-Appellee, v. Eladio Uy STUBBLEFIELD, Defendant-Appellant
78-1773, 78-1785 and 78-1812.
Court of Appeals for the Ninth Circuit.
Jun 18, 1980.
621 F.2d 980
Richard L. Rosenfield, Los Angeles, Cal., for Portouando Stubblefield., Donald B. Marks, Beverly Hills, Cal., for Debra Stokes., Tom G. Kontos, Los Angeles, Cal., for Eladio Stubblefield., Deanne H. Smith, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
Trask, Anderson, McNichols.
Cited by 30 opinions  |  Published
TRASK, Circuit Judge:

On January 11,1978, a federal grand jury returned a one-count indictment charging appellants Debra Lynn Stokes, Portouando Juan Stubblefield, Eladio Stubblefield and Lloyd Wayne Ransome with armed bank robbery in violation of 18 U.S.C. §§ 2113(a) & (d). They appeared before the district court on January 17,1978 and entered pleas of not guilty. Thereafter on February 8, 1978, Lloyd Ransome entered a plea of guilty to the charge of bank robbery in violation of 18 U.S.C. § 2113(a). A motion to suppress evidence was filed seeking suppression of all evidence seized by the arresting officers. The court held an evidentiary hearing on the motions, denied them, and the case was tried to a jury. Debra Stokes, Portouando Stubblefield and Eladio Stubblefield were found guilty and sentenced. Each appealed and those proceedings were consolidated in this court. We affirm.

There was positive identification of the three negro males and one negro female who participated in the robbery. That identification consisted of photographs by a surveillance camera; Norma Parra, a bank teller; Gwen Baxter, a second bank teller; and the positive testimony of Lloyd Ran-some, the participant who changed his plea from not guilty to guilty. Ransome testified in open court that he, Debra Stokes, Portouando Stubblefield, and Eladio Stubblefield robbed this particular bank on the day in question. He identified each of his companions in open court, his companions and himself in the surveillance photographs, the items of evidence seized from 425 West 55th Street, the items of clothing worn by the defendants, and the automobile used in the robbery. None of the defendants testified on their own behalf or called any witnesses on the defense case.

Officers Simms and Brannon, who made the arrests, were on automobile patrol in the area at the time of the robbery and were notified of it within minutes by a police broadcast and some six supplemental broadcasts. The information received consisted of descriptions of the persons involved, i.e. three black males and one black female, the clothing worn and weapons used, and the car driven, i.e. a red Pontiac GTO with California license plates numbered YLA-015 registered to Eladio Stubblefield at 425 West 55th Street, Los Angeles.

[*982] At that address the officers found and identified the automobile and placed under arrest Eladio Stubblefield, Lloyd Ransome, and Portouando Stubblefield as they came out of the house. The officers asked whether anyone else remained in the house and were told that “Debbie and the baby are in there.” Using a patrol car loudspeaker system, Officer Simms several times requested that anyone remaining come out. When no one did, the two officers entered through an unlocked door to search for the female suspect. As they walked through the house they observed and seized items of evidence in plain view; a black pin-striped coat worn in the robbery; a cloth bag marked “Bank of America”; a mask; a plastic bag; a briefcase; and currency strewn around in several places including the floor, the bath tub, and in articles of clothing.

On appeal it is claimed by appellants that the items of physical evidence were illegally seized without a warrant. It is the government’s position that the entry was made under the doctrine of “hot-pursuit”, see U. S. v. Santana 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976); Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967), and that the entry was therefore legal.

The question of under what circumstances an officer may enter a suspect’s home to make a warrantless arrest had been unresolved by the Supreme Court until the Court’s decision in Payton v. New York, - U.S. —, 100 S.Ct. 1371, 64 L.Ed.2d - (1980). This court had anticipated that decision in U. S. v. Prescott, 581 F.2d 1343 (9th Cir.1978). There we said:

We join the District of Columbia Circuit, Dorman v. United States, 1970, 140 U.S.App.D.C. 313, 435 F.2d 385 (in banc), and the Second Circuit, United States v. Reed, 572 F.2d 412, 1978, and hold that, absent exigent circumstances, police who have probable cause to arrest a felony suspect must obtain a warrant before entering a dwelling to carry out the arrest.

Prescott, supra, 581 F.2d at 1350 (emphasis added). The Supreme Court reached a similar conclusion in Payton, stating:

In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.

Payton, supra, at -, 100 S.Ct. at 1382 (emphasis supplied).

In the present case, it appears that the combinatipn of hot pursuit and the possibility that an unapprehended participant in the robbery remained within the house supplied sufficient exigent circumstances to justify the officers in entering the house and searching for the individual identified as “Debbie.” The language of Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967) is apropos here. In upholding a warrantless entry and search, the Supreme Court observed as follows:

We agree with the Court of Appeals that neither the entry without warrant to search for the robber, nor the search for him without warrant was invalid. Under the circumstances of this case, ‘the exigencies of the situation made that course imperative’ . . . The police were informed that an armed robbery had taken place, and that the suspect had entered [the residence] less than five minutes before they reached it. They acted reasonably when they entered the house and began to search for a man of the description they had been given and for weapons which he had used in the robbery or might use against them. The Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others. Speed here was essential, and only a thorough search of the house for persons and weapons could have insured that Hayden was the only man present and that the police had control of all weapons which could be used against them or to effect an escape.

Id., at 298-99, 87 S.Ct. at 1645. We hold that exigent circumstances justified the[*983] warrantless entry of the house. The evidence seized was in plain view. Consequently, suppression of the evidence was not required.

Appellants also complain that the pretrial display of surveillance photographs to the two teller eyewitnesses impermissibly tainted the tellers’ in-court identifications of Debra Stokes and Eladio Stubblefield. Appellants are correct that the pretrial display of the photographs was unnecessary, since the defendants were already under arrest. However, lack of necessity for the display is only one factor to be considered in determining whether the Government used a photographic display improperly to focus a witness’ attention on a particular defendant. United States v. Crawford, 576 F.2d 794, 797-98 (9th Cir.), cert. denied, 439 U.S. 851, 99 S.Ct. 157, 58 L.Ed.2d 155 (1978). Post-arrest photographic displays are permissible if the procedure used protects the rights of the accused. United States v. Higginbotham, 539 F.2d 17, 23 (9th Cir. 1976). The rights of the accused are not jeopardized when, as here, the recollection of an eyewitness is refreshed by the use of photographs of the crime itself. See United States v. Ervin, 436 F.2d 1331, 1333-34 (5th Cir.1971). Little possibility of misidentification arises from the use of photographs depicting “the likeness not of some possible suspect in the police files, but of the [persons] who actually committed the robbery.” United States v. Evans, 484 F.2d 1178, 1186 (2d Cir.1973).

There is no indication in the record that the Government pressured the tellers to perceive the persons in the surveillance photographs as resembling the defendants in this case. One of the tellers testified that she based her in-court identification of defendant Stokes on her memory of the robbery, not on the surveillance photographs. Moreover, there was no question that the photographs exhibited to the tellers depicted the perpetrators of the robbery. Thus, any resemblance between the persons in the photographs and the defendants not only was not impermissibly suggestive, but, in fact, was highly probative. In the light of all the circumstances, therefore, the use of the photographs in this case did not create “a very substantial likelihood of irreparable misidentification.” Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247 (1968). See United States v. Crawford, supra, 576 F.2d at 798. Therefore, the weight and credibility of the in-court identifications, subject to whatever doubt the prior use of photographs may have cast on the tellers’ testimony, was a question for the jury. Jd; see Manson v. Brathwaite, 432 U.S. 98, 116, 97 S.Ct. 2243, 2253, 53 L.Ed.2d 140 (1977).

Finally, there was overwhelming independent evidence against the defendants, including the surveillance photographs themselves and the well-corroborated testimony of Lloyd Ransome. Thus, any error in admitting the in-court identification testimony was harmless beyond a reasonable doubt. See United States v. Faulkner, 447 F.2d 869, 872 (9th Cir.1971), cert. denied, 405 U.S. 926, 92 S.Ct. 974, 30 L.Ed.2d 798 (1972). The judgment of the district court is AFFIRMED.