United States v. Anthony M. Ramos

Opinion by Judge POOLE.

The United States appeals the district court’s grant of defendant Anthony M. Ramos’ motion to suppress evidence obtained in an inventory search of his automobile conducted after he was arrested for allegedly committing reckless driving. An Arizona peace officer had observed him make an abrupt lane change on an interstate highway while traveling at an estimated speed of between 100 and 125 miles per hour. During an inventory search of Ramos’ vehicle, the officer discovered a 120-volt stun gun, a loaded .380 Beretta semi-automatic pistol, a small bag of marijuana, and a bank bag containing cocaine.

Ramos was charged in federal court with possession with intent to distribute cocaine, unlawful use and carrying of a firearm during a federal offense, making a false statement in the acquisition of a firearm and receipt of a firearm while under indictment. Ramos moved to suppress all evidence obtained in the search of his vehicle. In granting Ramos’ motion, the district court held that Arizona law prohibited the custodial arrest of persons stopped for reckless driving and, therefore, the inventory search of Ramos’ vehicle was unlawful. We have jurisdiction over…