United States v. Rebecca Severa Moreno, 891 F.2d 247 (9th Cir. 1989). · Go Syfert
United States v. Rebecca Severa Moreno, 891 F.2d 247 (9th Cir. 1989). Cases Citing This Book View Copy Cite
22 citation events (5 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Jody Myesha Orso (ca9, 2000-12-08)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jody Myesha Orso (2×)
9th Cir. · 2000 · confidence medium
United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989).
discussed Cited as authority (rule) Puliafico v. County of San Bernardino
C.D. Cal. · 1999 · confidence medium
The cases relied on by defendants in arguing that a reasonable officer could have believed that probable cause existed to arrest plaintiff are either factually dis tinguishable — see Moreno, 891 F.2d at 249 (suspect fled at sight of police surrounding house where cocaine and large amount of cash had been found; police detained her for questioning and then learned that she lived at that house) — or deal with reasonable suspicion, not probable cause — see Glaser, 11 Cal.4th at 362-65 , 45 Cal.Rptr.2d at 428-30 , 902 P.2d 729 (reasonable suspicion to initially detain suspect); Huerta, 218 C…
discussed Cited as authority (rule) People v. Glaser
Cal. · 1995 · confidence medium
(See, e.g., People v. Huerta (1990) 218 Cal.App.3d 744, 749 [ 267 Cal.Rptr. 243 ] [Summers authorizes detention of person who, without knocking or announcing his presence, entered residence where drugs and weapons had been found]; U.S. v. Reid, supra, 997 F.2d at pp. 1577-1579 [stop and frisk of man leaving apartment to be searched for narcotics held reasonable]; U.S. v. Salazar (2d Cir. 1991) 945 F.2d 47 -51 [police conducting consent search of apartment could detain and pat down man who opened door and entered apartment unannounced and who matched description of person selling drugs from the…
discussed Cited as authority (rule) State v. Haviland (2×)
Iowa · 1995 · confidence medium
Cf. United States v. Briggman, 931 F.2d 705, 709 (11th Cir.1991), cert. denied, 502 U.S. 938 , 112 S.Ct. 370 , 116 L.Ed.2d 322 (1991) (car evaded police approach by departing from parking lot); Losee v. Dearinger, 911 F.2d 48, 50 (8th Cir.1990) (car moved in and out of area after it became aware of police presence); United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989) (defendant saw search of her residence by police and drove off in opposite direction); Richardson, 501 N.W.2d at 496 (defendant saw police take a U-turn and then pulled out and drove away from police).
discussed Cited as authority (rule) United States v. Erskine Atkins
9th Cir. · 1993 · confidence medium
United States v. Bernal-Obeso, 989 F.2d 331, 336-37 (9th Cir.1993); United States v. Moreno, 891 F.2d 247, 250 (9th Cir.1989); United States v. Kiser, 716 F.2d 1268, 1274 (9th Cir.1983). 2 This panel retains appellate jurisdiction over this matter. 13 AFFIRMED IN PART, VACATED IN PART, AND REMANDED. * 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 1 Although we hold that the single issue of credibility requires the district court to reopen the voluntariness hearing, on remand, the district court…
cited Cited as authority (rule) United States v. Jesus Meneses-Encinas
9th Cir. · 1992 · confidence medium
United States v. Moreno, 891 F.2d 247, 250 (9th Cir.1989).
discussed Cited "see" United States v. Brobst
9th Cir. · 2009 · signal: see · confidence high
See id. at 249 (officers were justified in making an investigatory stop when defendant approached own house, then drove away, while officers were executing search warrant).
discussed Cited "see" United States v. Brobst
9th Cir. · 2009 · signal: see · confidence high
See id. at 249 (officers were justified in making an investigatory stop when defendant approached own house, then drove away, while officers were executing search warrant). [16] Here, a valid search warrant existed allowing the offi- cer to enter Brobst’s home.
cited Cited "see" Steele v. County of Los Angeles
9th Cir. · 2004 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989); cf. Payton v. New York, 445 U.S. 573, 588-89 , 100 S.Ct. 1371, 1381 , 63 L.Ed.2d 639 (1980).
cited Cited "see" United States of America v. Victor Carrafa
9th Cir. · 1995 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir. 1989). 10 We further conclude that the ensuing pat-down search was also justified under Terry v. Ohio.
discussed Cited "see" Baker v. Monroe Township
3rd Cir. · 1995 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989) (citing both Summers and Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)). 18 The order to "get down" is also permissible under the line of cases following Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), which permit an investigatory stop, not rising to the level of arrest, in situations presenting less than probable cause.
discussed Cited "see" Baker v. Monroe Township (2×)
3rd Cir. · 1995 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir. 1989) (citing both Summers and Terry v. Ohio, 392 U.S. 1 (1968)).
discussed Cited "see" United States v. Oscar Armando Lopez
9th Cir. · 1994 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989) (approaching own house, then driving away, while officers executing search warrant justified investigatory stop); Hernandez-Alvarado, 891 F.2d at 1417-18 (collecting cases in which characteristics of area, for example, known as drug or alien smuggling area, is factor in determining reasonable suspicion); Thomas 863 F.2d at 626 (resemblance to suspects' description factor supporting stop). 9 Because Lopez did not immediately comply with the agents' orders to stop, moved as if reaching for a weapon, was dressed in loose fitting clothi…
discussed Cited "see" Soto v. City of Laredo
S.D. Tex. · 1991 · signal: see · confidence high
See United States v. Moreno, 891 F.2d 247, 249 (9th Cir.1989) (probable cause to arrest where defendant lived at house where substantial evidence of criminal activity was found); United States v. Alexander, 761 F.2d 1294, 1303 (9th Cir.1985) (probable cause to arrest after search disclosed small amount of drugs in defendant’s trailer and trailer’s proximity to shed where cocaine was processed).
discussed Cited "see, e.g." United States v. Phillip Eugene Dotson
9th Cir. · 1996 · signal: see also · confidence medium
See Kelley, 953 F.2d at 565 (9th Cir.1992) (citing Colorado v. Connelly, 479 U.S. 157, 167 (1986)); see also United States v. Moreno, 891 F.2d 247, 250 (9th Cir.1989). 15 Here, Dotson concedes that the questioning ceased once he invoked his right to counsel.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Rebecca Severa MORENO, Defendant-Appellant
88-1331.
Court of Appeals for the Ninth Circuit.
Dec 8, 1989.
891 F.2d 247
Nicholas F. Reyes, Fresno, Cal., for defendant-appellant., Donald W. Searles, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.
Wallace, Noonan, Zilly.
Cited by 19 opinions  |  Published
NOONAN, Circuit Judge:

Rebecca Severa Moreno was convicted by a jury of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1), of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and of possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1). She appeals. We remand for a hearing.

FACTS

On June 12,1987, as a result of an undercover operation, a combination of local and federal officers executed a search warrant at a house located at 11798 South Elm Avenue, Corruthers, Fresno County, California. They discovered a quantity of cocaine and more than $17,000 in United States currency in the house. Two marked police cars were parked in front of the house and there were a number of unmarked police cars in its vicinity. As the search was going on, Moreno left the road and drove on to the dirt area between the road and the beginning of the yard surrounding the house. She looked at Officer Reyna and then slowly drove off. Reyna pursued her, pulled her over and asked for her identification. Under his questioning she admitted she lived at the South Elm address. He thereupon brought her back to the residence where she was placed under arrest.

Also under arrest because they were found within the house were her son Eduardo Ramirez, age 22, her second son, 20 year-old Heriberto, and her 16 year-old daughter Maria Elena, who had graduated from high school the day before. Moreno also had with her her seven month-old infant.

After the initial entry of the officers, DEA Special Agent Flanagan arrived at the house. He inspected it and the drugs[*249] found and then advised Moreno and her three older children of their Miranda rights. They said nothing in response.

Sergeant Huerta of the Fresno County Sheriffs Office asked Flanagan if he could speak to Moreno in regard to the forfeiture of the assets. Flanagan agreed. Moreno was taken by Huerta to a separate room. Huerta asked her if she was involved in the sale of cocaine and if she knew that her husband had purchased an automobile with profits from cocaine. She answered these questions affirmatively.

According to Flanagan’s testimony at the suppression hearing, he was not informed by Huerta of what Moreno told him. After this incident, Flanagan took Moreno to the kitchen or patio to take a photograph. He also told her to call someone to pick up the baby, and she made the call. Maria, in handcuffs, was presented to her mother before being taken away. Both she and her mother were crying. At this point Moreno stated to Flanagan that she wanted to cooperate. “She was very concerned about her juvenile daughter.” Flanagan advised her that Maria would be booked at juvenile hall and that an adult or family member could then pick her up. Moreno’s “response was that she would tell anything if her daughter could be released.” Flanagan said he could not promise that Maria would be released. Moreno’s “main concern” continued to be “for the daughter and the baby itself.” In the conversation that followed, Moreno admitted that her husband distributed drugs and that she had assisted him.

After her indictment Moreno contended that she had been arrested without probable cause, that she had never been given the Miranda warning, and that her statements to Huerta and Flanagan were involuntary. She moved to suppress her admissions. The government agreed that the first confession to Huerta must be suppressed but contended that the second confession to Flanagan was voluntarily made by a person aware of her Miranda rights. The district court ruled that her arrest had been based on probable cause and that she was “effectively advised of her Miranda rights before being questioned by Agent Flanagan.” The admissions made to Flanagan were introduced by the government at her trial and constituted a substantial part, though not all, of the case against her. She now seeks reversal of her conviction on the same grounds on which she moved to suppress the evidence.

ANALYSIS

1. Probable Cause for Moreno’s Arrest. Moreno approached her own house filled with drugs and cash and surrounded by police cars and drove away. It was reasonable for the police to make a Terry stop to determine why she had driven toward the house and then changed her mind at the sight of the cars and the officer. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). When the officer learned that she lived at the address where substantial evidence of criminal activity had been found, there was probable cause to place her under arrest. Michigan v. Summers, 452 U.S. 692, 705, 101 S.Ct. 2587, 2595, 69 L.Ed.2d 340 (1981).

2. The Voluntariness of Moreno’s Second Confession. Moreno contends that in violation of her Miranda rights she was questioned by Huerta and that the later confession to Flanagan was the fruit of a poisoned tree — that is, Flanagan would not have questioned her again unless he knew of her admissions to Huerta, and she would not have confessed to Flanagan unless she had already confessed to Huerta.

The confession to Huerta was properly suppressed, not because it was coerced, but because it was volunteered without the Miranda warnings having been given. The admissibility of the second confession to Flanagan turns solely on whether it was knowingly and voluntarily made. Oregon v. Elstad, 470 U.S. 298, 309, 105 S.Ct. 1285, 1293, 84 L.Ed.2d 222 (1985). The government has the burden of showing that Moreno voluntarily waived her right not to incriminate herself. North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 1757, 60 L.Ed.2d 286 (1979).

The government concedes that it took measures to separate Moreno from her[*250-254] baby and that Maria Elena was handcuffed, was in tears, and was about to be taken off by the authorities when her mother was moved to confess. The government says its actions were lawful. Moreno had to go to jail. The infant did not need to go, and it was better that a neighbor take care of the baby. Maria Elena was a suspect found in a house full of cash and cocaine. There was probable cause for her arrest and, if arrested, she had to be booked. There was, the government maintains, no coercion directed at Moreno. The government’s actions, the government contends, could not be equated with torturing her or applying other unconscionable coercion.

The Fifth Amendment does not protect a defendant from “moral and psychological pressures to confess emanating from sources other than official coercion.” Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 523, 93 L.Ed.2d 473 (1986), quoting Elstad, supra at 305, 105 S.Ct. at 1291. But in these circumstances the moral and psychological pressure to confess may have resulted from official action, and that action may have been intended by those engaging in it to have a powerful effect upon Moreno’s feelings. This possibility requires the district court to examine “the surrounding circumstances and the entire course of appellee’s conduct with respect to the suspect.” Elstad, 105 S.Ct. at 1298. However, every official act does not automatically rise to the level of unconstitutional coercion sufficient to taint a confession. The “crucial element” is “police overreaching.” See Connelly, 479 U.S. at 164, 107 S.Ct. at 520. No one factor should be determinative. Rather, “the totality of all the circumstances” should determine the voluntariness of Moreno’s later confession. See United States v. Wauneka, 770 F.2d 1434 (9th Cir.1985).

The government suggests the trial court’s ruling denying suppression carries with it the implicit determinations necessary to satisfy the government’s burden that Moreno voluntarily waived her right not to incriminate herself. We reject this suggestion. The determination of the issue necessarily requires a hearing and findings as to whether under Elstad the second confession was voluntary.

We reverse and vacate the pretrial suppression order of the district court and remand for a determination of voluntariness of the second confession consistent with this opinion. If on remand the district court should determine that the confession was not voluntary, Moreno would be entitled to a reversal of her conviction and a new trial.

REMANDED.