United States v. Christopher Williams, 951 F.2d 1287 (D.C. Cir. 1992). · Go Syfert
United States v. Christopher Williams, 951 F.2d 1287 (D.C. Cir. 1992). Cases Citing This Book View Copy Cite
100 citation events (31 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Andre Staggers (ca5, 2020-06-09)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Andre Staggers
5th Cir. · 2020 · confidence medium
This practice assumes, however, that the district court “asked the right legal questions in making its ruling” and “actually weighed the evidence bearing on the facts needed to answer them.” Id. (quoting United States v. Williams, 951 F.2d 1287, 1290-91 (D.C.
discussed Cited as authority (rule) United States v. Darius McKeever
D.C. Cir. · 2016 · confidence medium
Cir. 2011) (remanding the case “for resentencing solely because the record [wa]s unclear as to whether an arguably improper consideration infected the district court’s decisions to deny [appellant] credit for accepting responsibility pursuant to U.S.S.G. § 3E1.1 and to vary upward from the Guidelines sentencing range pursuant to 18 U.S.C. § 3553 (a)”); United States v. Williams, 951 F.2d 1287, 1291 (D.C.
discussed Cited as authority (rule) United States v. William Cordova
D.C. Cir. · 2015 · signal: cf. · confidence medium
Cf. United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991) (“The purpose of an appeal is to review the judgment of the district court, a function we cannot properly perform when we are left to guess at what it is we are reviewing.”).
discussed Cited as authority (rule) United States v. Albert Guzman
5th Cir. · 2014 · confidence medium
Circuit has explained, the “any reasonable view of the evidence” rule rests on two assumptions: first, “that the district court asked the right legal questions in making its ruling,” and second, “that it actually weighed the evidence bearing on the facts needed to answer them.” United States v. Williams, 951 F.2d 1287, 1290-91 (D.C.Cir.1991).
cited Cited as authority (rule) Latif v. Obama
D.C. Cir. · 2012 · confidence medium
Cir. 2004) (quoting United States v. Williams, 951 F.2d 1287, 1290 (D.C.
discussed Cited as authority (rule) Latif v. Obama (2×)
D.C. Cir. · 2011 · confidence medium
United States v. Holmes, 387 F.3d 903, 907-08 (D.C.Cir.2004) (quoting United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991)).
cited Cited as authority (rule) Latif v. Obama
D.C. Cir. · 2011 · confidence medium
United States v. Holmes, 387 F.3d 903, 907-08 (D.C.Cir.2004) (quoting United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991)).
discussed Cited as authority (rule) Blackmon-Malloy v. United States Capitol Police Board
D.C. Cir. · 2009 · confidence medium
Although that case involved the Supreme Court’s certiorari jurisdiction, this court has held that “the considerations underlying the rule have force for the courts of appeals as well.” United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991); see also Jackson v. Culinary Sch, Ltd., 27 F.3d 573, 583-84 (D.C.Cir.1994), vacated and remanded, 515 U.S. 1139 , 115 S.Ct. 2573 , 132 L.Ed.2d 824 (1995), reinstated in relevant part, 59 F.3d 254, 255 (D.C.Cir.1995).
discussed Cited as authority (rule) United States v. Barnum (2×)
8th Cir. · 2009 · confidence medium
Bloomfield is meant to apply when “the trial court omits a finding apparent on the face of the record, or when, under any possible view of the record, the district court could have reached but one result.” Bloomfield, 40 F.3d at 914 (quoting United States v. Williams, 951 F.2d 1287, 1290-91 (D.C.Cir.1991)).
discussed Cited as authority (rule) United States v. Persinger (2×)
3rd Cir. · 2008 · confidence medium
See, e.g., United States v. Ramstad, 219 F.3d 1263, 1265 (10th Cir.2000) (remanding where “the district court did not make any findings or otherwise explain the basis for its decision”); United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991) (remanding where the district court’s decision provided “neither essential findings nor legal reasoning”).
discussed Cited as authority (rule) United States v. Edward N. Holmes
D.C. Cir. · 2004 · confidence medium
Although this circuit has stated that “we must uphold the ruling of the trial court if there is any reasonable view of the evidence that will support it,” Scarbeck v. United States, 317 F.2d 546, 562 (D.C.Cir.1962), we held in United States v. Williams, 951 F.2d 1287, 1289 (D.C.Cir. 1991), that we will not do so where we “do not know which facts the district court considered ‘essential’ to its ruling,” see also United States v. Jordan, 951 F.2d 1278, 1283 (D.C.Cir.1991) (remanding appeal from a suppression motion denial for a finding on a “key factor” for determining whether a …
cited Cited as authority (rule) United States v. Holmes, Edward N.
D.C. Cir. · 2004 · confidence medium
Cir. 1962), we held in United States v. Williams, 951 F.2d 1287, 1289 (D.C.
discussed Cited as authority (rule) United States v. Goree, Malachi
D.C. Cir. · 2004 · confidence medium
See United States v. Hutchinson, 268 F.3d 1117, 1118 (D.C.Cir.2001) (remanding because the district court failed to make “findings of fact essential to decide [the] legal issue” of whether a Terry stop was excessive); United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991) (remanding for factual findings supporting district court’s denial of suppression motion); see also Fed. *1095 R.CRiM.
discussed Cited as authority (rule) United States v. Thompson, Terrell L.
D.C. Cir. · 2000 · confidence medium
Ordinarily we would remand for further proceedings a case in which the district court did not “ask[ ] the right legal questions in making its ruling,” United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991); to do so here is unnecessary, however, because uncontested facts *729 in the record still warrant our affirming the ruling.
discussed Cited as authority (rule) United States v. Kenneth Wayne Beck
8th Cir. · 1998 · confidence medium
See United States v. Ali, 86 F.3d 275, 276 (2d Cir.1996) (holding that remand is unnecessary where “there is an abundance of undisputed facts” regarding the circumstances surrounding defendant’s interroga *1132 tion); United States v. Soto, 988 F,2d 1548, 1554 (10th Cir.1993) (holding that remand unnecessary where the district court made no finding as to evidence was sufficient to support a reasonable suspicion because the relevant facts were undisputed); United States v. Williams, 951 F.2d 1287, 1288 (D.C.Cir.1991) (recognizing that “there are cases in which the facts are so certain, …
discussed Cited as authority (rule) Cleary v. Brown
Vet. App. · 1995 · confidence medium
United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991) (court, citing both inherent power and 28 U.S.C. § 2106 , retained jurisdiction and remanded for "factual findings required by Rule 12(e) [of the Federal Rules of Criminal Procedure] as well as a statement by the district court of the conclusions of law it has reached on those findings"); Gulliver v. Dalsheim, 739 F.2d 104, 106 (2d Cir.1984) (jurisdiction was retained in earlier proceeding, 687 F.2d 655, 659 (2d Cir.1982), without citation to 28 U.S.C. § 2106 , “for the 'purpose of facilitating immediate review of further trial …
examined Cited as authority (rule) United States v. Gregory B. Bloomfield, Also Known as Earl Marcum Johnson (10×)
8th Cir. · 1994 · confidence medium
Denying a remand because of "waiver," then, means we review facts we infer were actually, albeit silently, found. 12 951 F.2d 1287, 1290-91 (D.C.Cir.1991) (citations omitted). 2 13 This approach to inadequate Rule 12(e) findings of fact is consistent with this circuit's longstanding approach to Rule 12(e)'s analogue in civil procedure, Federal Rule of Civil Procedure 52(a), which requires trial courts to make findings of fact specially.
cited Cited as authority (rule) United States v. Ung Kim, A/K/A Steve Kim
D.C. Cir. · 1994 · confidence medium
Appellant has waived the argument, however, by failing to raise it below, see United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991), or in his opening brief before us.
discussed Cited as authority (rule) United States v. Gregory Harley
D.C. Cir. · 1993 · confidence medium
The facts here differ materially from those in United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991), in which the court was "inclined to doubt” that an officer's observation of the defendant handing a "small object” to someone in exchange for another "small object” "amounted to probable cause.” In Williams, there was but a single transaction and, as the court noted, the observing officer was located in a moving van 25-75 feet away from the transaction and "[ejither he could not tell what ‘specifically’ was being exchanged or he saw [the defendant] hand over a ‘dime size' or �…
discussed Cited as authority (rule) National Federation of Federal Employees v. Paul Greenberg, Major General, Commander, Headquarters, Army, Armament, Munitions & Chemical Command (2×)
D.C. Cir. · 1993 · confidence medium
See, e.g., United States v. Williams, — U.S. -,-, 112 S.Ct. 1735, 1738-41 , 118 L.Ed.2d 352 (1992); Dandridge v. Williams, 397 U.S. 471 , 475 n. 6, 90 S.Ct. 1153 , 1156 n. 6, 25 L.Ed.2d 491 (1970); United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991).
discussed Cited as authority (rule) United States v. Six Hundred Thirty-Nine Thousand Five Hundred and Fifty-Eight Dollars ($639,558) in United States Currency (2×)
D.C. Cir. · 1992 · confidence medium
United States v. Williams, 951 F.2d 1287, 1289 (D.C.Cir.1991).
cited Cited "see" United States v. Morse
8th Cir. · 2009 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991).
cited Cited "see" United States v. Romando Morse
8th Cir. · 2009 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.
discussed Cited "see" In Re Sealed Case (2×)
D.C. Cir. · 2009 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1289 (D.C.Cir. 1991) (citing Rule 52(a) and noting that the clearly erroneous standard was "imported from the civil rules for cases tried to the court ... because the rules of criminal procedure were silent on the matter") (internal citation omitted).
cited Cited "see" United States v. Hutchinson, Chaka T.
D.C. Cir. · 2002 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.
cited Cited "see" United States v. Hutchinson, Chaka T.
D.C. Cir. · 2001 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.
cited Cited "see" United States v. Hutchinson
D.C. Cir. · 2001 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991); see also United States v. Hill, 131 F.3d 1056, 1060 (D.C.Cir.1997).
cited Cited "see" United States v. Johnson, Robert Lee
D.C. Cir. · 2000 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991).
discussed Cited "see" United States v. Hill, William D. (2×)
D.C. Cir. · 1997 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1291 (D.C.Cir.1991) (noting that remand to the district court is appropriate where neither the legal reasoning nor factual findings supporting the denial of a motion to suppress are apparent because it is not clear "[o]ne, that the district court asked the right legal questions in making its ruling; two, that it actually weighed the evidence bearing on the facts needed to answer them"); see also United States v. Dale, 991 F.2d 819, 840 (D.C.Cir.) (per curiam), cert. denied, 510 U.S. 1030 , 114 S.Ct. 650 , 126 L.Ed.2d 607 (1993) (noting that court h…
cited Cited "see" United States v. Raymond Gorham, Jr.
D.C. Cir. · 1996 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991) (failure to object to lack of findings supporting denial of suppression motion results in waiver).
cited Cited "see" United States v. Mangum
D.D.C. · 1995 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991).
discussed Cited "see" Checkosky v. Securities & Exchange Commission
D.C. Cir. · 1994 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991) ("The purpose of an appeal is to review the judgment of the district court, a function we cannot properly perform if we are left to guess at what it is we are reviewing.”); see also Hotel & Restaurant Employees Union v. Attorney General, 804 F.2d 1256, 1268 (D.C.Cir.1986); In re FTC Line of Business Report Litigation, 626 F.2d 1022, 1029 (D.C.Cir.1980). .
discussed Cited "see" Checkosky v. Sec
D.C. Cir. · 1994 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991) ("The purpose of an appeal is to review the judgment of the district court, a function we cannot properly perform if we are left to guess at what it is we are reviewing."); see also Hotel & Restaurant Employees Union v. Attorney General, 804 F.2d 1256, 1268 (D.C.Cir.1986); In re FTC Line of Business Report Litigation, 626 F.2d 1022, 1029 (D.C.Cir.1980) 12 Similarly, Judge Randolph's truncated description of Nassar & Co., Inc. v. SEC, 566 F.2d 790 (D.C.Cir.1977), misstates the case.
cited Cited "see" United States v. Berrios
D.D.C. · 1993 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991).
discussed Cited "see" United States v. David M. Dale, United States of America v. Michelle Ashton, United States of America v. Martin Segal, United States of America v. Automated Data Management, Inc., United States of America v. Terence Sweeney
D.C. Cir. · 1993 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1290-91 (D.C.Cir.1991) (remand to the district court is appropriate where neither the legal reasoning nor factual findings supporting the denial of a motion to suppress are apparent because it is not clear "[o]ne, that the district court asked the right legal questions in making its ruling; two, that it actually weighed the evidence bearing on the facts needed to answer them").
cited Cited "see" United States v. Gerald S. Simpson
D.C. Cir. · 1993 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1289 (D.C.Cir.1991).
discussed Cited "see" United States v. Dale
D.C. Cir. · 1993 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1290-91 (D.C.Cir.1991) (remand to the district court is appropriate where neither the legal reasoning nor factual findings supporting the denial of a motion to suppress are apparent because it is not clear “[o]ne, that the district court asked the right legal questions in making its ruling; two, that it actually weighed the evidence bearing on the facts needed to answer them”).
cited Cited "see" United States v. Oscar J. Perez
10th Cir. · 1993 · signal: see · confidence high
See generally United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991).
cited Cited "see" United States v. Allen Lawrence
D.C. Cir. · 1992 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287, 1288 (D.C.Cir.1991).
cited Cited "see" United States v. Parker
D.D.C. · 1992 · signal: see · confidence high
See United States v. Williams, 951 F.2d 1287 (D.C.Cir.1991).
discussed Cited "see, e.g." United States v. Gary Anthony Patrick (2×)
D.C. Cir. · 1992 · signal: see, e.g. · confidence medium
See, e.g., United States v. Williams, 951 F.2d 1287, 1290 (D.C.Cir.1991); United States v. Morgan, 936 F.2d 1561, 1565 (10th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1190 , 117 L.Ed.2d 431 (1992); United States v. Ramos, 933 F.2d 968, 972 (11th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1269 , 117 L.Ed.2d 496 (1992); United States v. Register, 931 F.2d 308, 312 (5th Cir.1991); United States v. Young, 877 F.2d 1099, 1100-01 (1st Cir.1989).
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
Christopher WILLIAMS, Appellant
91-3071.
Court of Appeals for the D.C. Circuit.
Feb 27, 1992.
951 F.2d 1287
1991 WL 274812
G. Godwin Oyewole, Washington, D.C., for appellant., Linda Otani McKinney, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John R. Fisher and Elizabeth Trosman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.
Edwards, Williams, Randolph.
Cited by 60 opinions  |  Published
RANDOLPH, Circuit Judge:

When a district court’s ruling on a pretrial motion involves factual issues, Rule 12(e) of the Federal Rules of Criminal Procedure commands the court to “state its essential findings on the record.” The rule serves several functions. Findings on the record inform the parties and other interested persons of the grounds of the ruling, add discipline to the process of judicial decision-making and enable appellate courts properly to perform their reviewing function. If the district court not only fails to make “essential findings on the record,” but also expresses nothing in the way of legal reasoning, if it simply announces a result, it may frustrate these objectives. We say “may” because there are cases in which the facts are so certain, and the legal consequences so apparent, that little guesswork is needed to determine the grounds for the ruling. This is not such a case.

Before trial, Christopher Williams unsuccessfully moved to suppress evidence that ultimately resulted in his conviction by a jury for possessing, with intent to distribute, cocaine in violation of 21 U.S.C. §§ 841(a), 841(b)(l)(B)(iii). The only witnesses at the suppression hearing were two officers (Marsh and Wasserman) of the United States Park Police. The district court viewed both of them as “credible”— the full extent of the court’s findings on the record. As best as we can make out from their testimony, the events leading to the search and arrest of Williams are as follows.

Officer Marsh, travelling with six or seven fellow narcotics officers in an unmarked van early one summer evening, looked out the front window and spotted Williams as the van was returning to the station. 10/2/90 Transcript of Motion to Suppress (“Tr.”) at 4-5, 36. Williams was with another individual. Tr. 6. Both appeared nervous. Id. The area was known for narcotics trafficking. Tr. 8. Officer Marsh said he saw Williams take a “small object” out of his pocket and hand it to his companion, who then gave Williams a “small object.” Tr. 7. Officer Marsh was between 25 and 75 feet away. Id. Either he could not tell what “specifically” was being exchanged or he saw Williams hand over a “dime size” or “quarter size” object having a “glassy appearance” similar to crack cocaine. Tr. 16-17, 7. He thought the object Williams’ received was either “the size of U.S. currency” or of a bill folded in half. Tr. 17, 7.

As the van proceeded past Williams, Officer Marsh turned around and said “Did you see that? That guy just sold to the other guy.” Tr. 37. At Officer Marsh’s request, the van came about and returned to the scene. Tr. 9. Because Sergeant Wasser-man was “one of the few people in the unit who had some success in engaging in foot chases after people,” Officer Marsh asked him to go after Williams. Tr. 39. When the van stopped, five officers exited. Officer Wasserman ran to Williams. Tr. 30. He identified himself as a police officer, ordered him to put his hands in the air and keep them there and said that another officer needed to speak with Williams back at the van. Id.; Statement of Facts of Officer John Marsh (June 15, 1990). (Officer Marsh was busy arresting two other individuals unconnected with this case. Tr. 25.) Williams protested that he was the “wrong guy,” adding that the officer could “check [him].” Tr. 31. Sergeant Wasser-man declined for the moment, and escorted Williams back to the van and Officer Marsh. Tr. 32. The Sergeant said he could not recall whether he had his gun drawn and pointed at Williams’ head. Tr. 44. During the walk back, Sergeant Was-serman saw the corner of a ziplock bag[*1289] protruding from one of Williams’ pockets. Id. Officer Marsh, on seeing Williams, said “yes” and gave a “wave-of-hand” signal, which Sergeant Wasserman took as confirming that Williams was in fact the individual Officer Marsh wanted stopped. Tr. 13, 32. At that point, Sergeant Wasser-man removed the ziplock bag from Williams’ pocket. Tr. 33. It contained a substance that looked enough like cocaine to warrant a field test, and in fact proved to be cocaine when tested. Tr. 33-34. Williams was formally arrested either just before or just after the field test. Tr. 52. Sergeant Wasserman explained that he took the bag from Williams “based on Investigator Marsh’s indication that Mr. Williams was, in fact, the person he wanted stopped and Mr. Williams’ own statements to me numerous times that I could check him_” Tr. 33. No cash was discovered on Williams. Tr. 25.

At the close of the hearing the district court stated:

First, the court finds the testimony of the officers to be quite credible and consistent with reason and experience.
I see no problem with what happened here. It’s another escalating street scene which must be viewed considering the totality of the circumstances.
And the court sees nothing constitutionally impermissible in what happened and, accordingly, denies the motion to suppress.

Tr. 59.

We will sustain factual findings unless they are “clearly erroneous,” a standard we imported from the civil rules for cases tried to the court (Fed.R.Civ.P. 52(a)) because the rules of criminal procedure were silent on the matter. See Jackson v. United States, 353 F.2d 862, 864-65 (D.C.Cir.1965). Also, we will review de novo “whether the correct rule of law has been applied to the facts found.” United States v. Hinckley, 672 F.2d 115, 119 (D.C.Cir.1982), overruled in part on other grounds, Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), quoting Compana Corp. v. Harrison, 114 F.2d 400, 406 (7th Cir.1940). The problem we have in this case is twofold. We do not know which facts the district court considered “essential” to its ruling and we do not know what principle of Fourth Amendment law the court believed supported its ruling.

The record suggests three possible grounds on which the district court could have ruled. The first is consent. Sergeant Wasserman’s reason for searching Williams sounds like he thought he had consent — Williams said check me out. But the government never raised the issue of consent in the district court. Did the district court nevertheless rule on that basis? The district court’s “finding” that Sergeant Wasserman was credible may suggest as much, but we do not know. Before us, Williams argues that his consent was not voluntary. The government counters that he waived the argument by failing to raise it, a curious response indeed, one that makes sense only if the district court ruled on a ground — consent—the government itself may have waived by not raising. See Giordenello v. United States, 357 U.S. 480, 488, 78 S.Ct. 1245, 1251, 2 L.Ed.2d 1503 (1958).

The second possibility is that the district court believed the removal of the bag was a search incident to arrest. This would require the initial detention of Williams to be supported by probable cause. Even crediting fully Officer Marsh’s testimony, we are inclined to doubt that what he saw from the window of the moving van amounted to probable cause for arrest. While the district court could have concluded that an arrest occurred when Williams was first approached, all of the testimony at the hearing centered on the question whether the arrest took place immediately prior to or just after the field test. Tr. 52.

The third possibility begins with the proposition that this was a limited, investigative detention supported by articulable, reasonable suspicion — in short, a Terry stop. Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). On appeal the government tells us that Sergeant Wasserman was justified in stopping Williams in light of what Officer Marsh[*1290] had seen. It is true that knowledge possessed by one officer is presumed to be shared by all others cooperating in the investigation. Illinois v. Andreas, 463 U.S. 765, 771-72 n. 5, 103 S.Ct. 3319, 3324, n. 5, 77 L.Ed.2d 1003 (1983); Whiteley v. Warden, 401 U.S. 560, 568, 91 S.Ct. 1031, 1037, 28 L.Ed.2d 306 (1971). Thus, it may be of no moment that Sergeant Wasserman did not know the exact extent of Officer Marsh’s observations. A variant of this possibility is that probable cause developed after the Terry stop. On this theory, what Officer Marsh saw, and conveyed, permitted Sergeant Wasserman to detain Williams. During the lawful scope of that detention, Sergeant Wasserman saw the plastic bag and thought it indicative of narcotics-related activity. He then put two and two together and came up with probable cause. While it may be that Sergeant Wasserman did not bother to count — or add — because he thought he had Williams’ consent, the facts within his knowledge could still justify a finding that probable cause existed when he confiscated the bag. See Scott v. United States, 436 U.S. 128, 137-38, 98 S.Ct. 1717, 1723, 56 L.Ed.2d 168 (1978).

The problem with any theory based on a Terry stop, however, is that there is no indication the government ever argued Terry until the case arrived here. At oral argument in the district court, the prosecutor claimed that the police “had probable cause to stop and arrest the defendant” (Tr. 57); defense counsel argued “that there was no probable cause to stop [Williams]” (Tr. 56). “This Court sits as a court of review. It is only in exceptional cases ... that questions not pressed or passed upon below are reviewed.” Duignan v. United States, 274 U.S. 195, 200, 47 S.Ct. 566, 568, 71 L.Ed. 996 (1927). Though Justice Stone was writing of the Supreme Court, the considerations underlying the rule have force for the courts of appeals as well, and “the general rule [is] that a federal appellate court does not consider an issue not passed upon below.” Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2877, 49 L.Ed.2d 826 (1976). We know the Terry stop argument was “not pressed ... below”; we cannot tell whether it was nevertheless “passed upon.” Duignan, 274 U.S. at 200, 47 S.Ct. at 568. If the district court thought this was a Terry stop, and justified as such, presumably the court could have ruled that removing the bag from Williams’ pocket was within the scope of an investigative detention. To our knowledge no case in this circuit goes so far; in light of Sibron v. New York, 392 U.S. 40, 64-65, 88 S.Ct. 1889, 1903-04, 20 L.Ed.2d 917 (1968), and United States v. Place, 462 U.S. 696, 705-06, 103 S.Ct. 2637, 2643-44, 77 L.Ed.2d 110 (1983), there may be no room for such an extension. Or, as we have said, the court could have found that the sight of the bag was enough to turn reasonable suspicion into probable cause — to justify turning a detention into an arrest and a search.

The possibilities outlined above pose several Fourth Amendment questions, which may not be open and shut in light of the evidence we have recited. Perhaps the district court, in its mind, decided all of these questions against the defendant; perhaps it sustained the search and arrest on a narrow basis; perhaps on an erroneous one. The purpose of an appeal is to review the judgment of the district court, a function we cannot properly perform when we are left to guess at what it is we are reviewing. Given this situation, the obvious solution is to send the case back.

Our only hesitation in remanding stems from United States v. Caballero, 936 F.2d 1292 (D.C.Cir.), cert. denied, — U.S. —, 112 S.Ct. 943, 117 L.Ed.2d 113, and several earlier decisions, which indicate that we will sustain a district court’s denial of a motion to suppress, despite the court’s failure to comply with Rule 12(e), “if there is any reasonable view of the evidence that will support it.” Scarbeck v. United States, 317 F.2d 546, 562 (D.C.Cir.), cert. denied, 374 U.S. 856, 83 S.Ct. 1897, 10 L.Ed.2d 1077 (1963), cited in Caballero, 936 F.2d at 1296. The stated rationale is that Rule 12(e) confers on the litigants a personal “right” to have factual findings made, and that “failure to object” to a lack of findings “results in waiver.” Caballero, [*1291] 936 F.2d at 1296. This has the effect of denying defendants (and the government if it should appeal the granting of a suppression motion) a windfall when the trial court omits a finding apparent on the face of the record, see, e.g., United States v. Williams, 822 F.2d 1174, 1177 & n. 39, 1179 & n. 61 (D.C.Cir.1987), or when, under any possible view of the record, the district court could have reached but one result. See, e.g., United States v. Lindsay, 506 F.2d 166, 170-74 (D.C.Cir.1974).

One might wonder why, when there has been such a “waiver,” it should follow that we will uphold the district court’s decision if “any reasonable view of the evidence” supports it, Scarbeck, 317 F.2d at 562. The idea, at least as Caballero expresses it, is that the district court, in reaching its legal conclusion, presumably made whatever factual findings were needed to support the conclusion. Denying a remand because of “waiver,” then, means' we review facts we infer were actually, albeit silently, found. Our practice of using the “any-reasonable-view-of-the-evidence” standard means that we review those implicit findings under what may be, for all practical purposes, the equivalent of the “clearly erroneous” test we apply to “essential findings” explicitly made in compliance with Rule 12(e). Caballero and its antecedents thus rest on two assumptions. One, that the district court asked the right legal questions in making its ruling; two, that it actually weighed the evidence bearing on the facts needed to answer them. When, in a particular case, there is reason to doubt the validity of either or both those assumptions, the court may dispense with what Caballero seemingly requires, and remand the case to the district court. See United States v. Jordan, 951 F.2d 1278 (D.C.Cir.1991); see also United States v. Prieto-Villa, 910 F.2d 601, 606-10 (9th Cir.1990); United States v. Castrillon, 716 F.2d 1279, 1282-83 (9th Cir.1983).

If we knew the district court’s legal reasoning in this case, we might have little difficulty in ascertaining the pertinent but unstated findings underlying it, as did the Caballero court. If we knew what facts the district court considered “essential” to its ruling (Rule 12(e)), we might be able to piece together the unstated legal grounds for its decision. But we have neither essential findings nor legal reasoning. As Chief Justice Hughes wrote, “it is always desirable that an appellate court should be adequately advised of the basis of the determination of the court below_” Public Service Comm’n v. Wisconsin Tel. Co., 289 U.S. 67, 69-70, 53 S.Ct. 514, 515, 77 L.Ed. 1036 (1933). Here the “desirable” is the necessary. Accordingly, we will exercise our inherent power to supervise the district courts. 28 U.S.C. § 2106; see United States v. Talkington, 843 F.2d 1041, 1042 (7th Cir.1988); United States v. West, 723 F.2d 1, 3 (1st Cir.1983); In re FTC Line of Business Report Litig., 626 F.2d 1022, 1028 & n. 34 (D.C.Cir.1980), in part quoting 9 C. Wright & A. Miller, Federal Practice and Procedure § 2575, at 694 (1971); Camacho v. United States, 392 F.2d 575, 576 (9th Cir.1968); Von Der Heydt v. Rogers, 251 F.2d 17 (D.C.Cir.1958). The record is remanded for the factual findings required by Rule 12(e) as well as a statement by the district court of the conclusions of law it has reached on those findings. This panel will retain jurisdiction over the case following remand.

It is so ordered.