United States v. Juan Manuel Bautista, United States of America v. Javier Cabrera-Martinez

Caution
684 F.2d 1286·1982 U.S. App. LEXIS 16388
United States Court of Appeals for the Ninth CircuitAugust 24, 198281-1286, 81-1326California3,428 words

Opinion

Opinion

Farris, J.

Defendants Juan Manuel Bautista and Javier Cabrera-Martinez appeal their convictions for unarmed bank robbery. They argue that the district court should have suppressed certain statements, confessions, and other seized evidence. We affirm.

FACTS

On the afternoon of March 5, 1981, three men robbed the Woodland Hills, California, branch of Lloyds Bank. More than one thousand dollars was taken, including several bait bills with prerecorded serial numbers. Immediately following the robbery, a police report broadcast to units patrolling in the vicinity of the robbery described the bank robbers as being armed and of Iranian or Mexican descent. A follow-up broadcast further reported that the suspected getaway car had been sighted parked on Queen Florence Lane, a side street in an affluent residential neighborhood approximately one-half mile from the bank.

Los Angeles Police Officers John Gaspar and Richard Powers heard the broadcasts on their patrol ear radio. Based on their familiarity with the general area, they concluded that the suspects might flee from the suspected getaway car by proceeding down a small hill to Wells Drive, an east-west through street leading out of the…

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