United States v. Gonzalez-Ruiz, No. 13-1353 (7th Cir. 2015)
Annotate this CaseSergeant Laha stopped Ruiz after a license-plate check revealed that his driver’s license was suspended. The stop was captured by Laha’s dash-mounted video camera and lapel microphone. Laha explained the ticket and asked if Ruiz had any questions. Ruiz said, “no,” and Laha told him, “You’re free to go.” As they walked away, Laha called out, “You don’t have any weapons, drugs, anything like that?” Ruiz said no. Laha asked, “Mind if I search?” Ruiz responded, “You can,” closed his car door, walked behind his vehicle, and opened his jacket. Laha did a pat-down and continued: “Nothin’ in your car that you’re concerned about?” Ruiz did not respond. Ruiz took out his phone. As Ruiz talked to his wife, Laha walked beside the car and asked again if he could search. Ruiz responded, “I guess” and nodded. Laha asked, “So we’re good?” Ruiz did not respond, but did not object when Laha opened the door to search. Laha found handguns and ammunition under the driver’s seat. Indicted for possessing a firearm as a felon, 18 U.S.C. 922(g)(1), Ruiz entered a conditional plea. Ruiz had convictions for aggravated assault, aggravated battery, possession of a sawed-off shotgun, and conspiracy to commit armed robbery. The court rejected the government’s argument that conspiracy to commit armed robbery is a violent felony under the Armed Career Criminal Act, 18 U.S.C. 924(e) “residual clause” and imposed a guidelines term of 37 months. After the Supreme Court held that the residual clause is unconstitutionally vague, the government’s ACCA cross-appeal was dismissed. The Seventh Circuit affirmed denial of the motion to suppress. From the perspective of a reasonable officer, Ruiz’s words and actions manifested consent to search.
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