United States District Court, N.D. California
ORDER DENYING MOTION TO SUPPRESS Re: Dkt. No.
Illston United States District Judge.
Raul Ramirez Barragan has filed a motion to suppress
evidence. Dkt. No. 46. Following a hearing on the motion to
suppress on August 16, 2019, the Court set an evidentiary
hearing, which was held on October 16, 2019. After careful
consideration of the parties' arguments and the evidence
presented, the Court hereby DENIES defendant's motion to
January 17, 2019, the government filed an indictment charging
Barragan with one count of violating 18 U.S.C. §
922(g)(1), Felon in Possession of a Firearm and Ammunition.
Dkt. No. 1. The indictment alleges, “[o]n or about
December 6, 2018, in the Northern District of California, the
defendant, Raul Ramirez Barragan, having been previously
convicted of a crime punishable by a term of imprisonment
exceeding one year, did knowingly possess a firearm and
ammunition, namely, one Kel-Tec 9mm semiautomatic pistol . .
., and 27 rounds of 9mm ammunition. . . .” Id.
indictment flows from the search and seizure of Barragan, and
of the subsequent searches of his residence and cell phone,
as discussed in greater detail below. On July 19, 2019,
Barragan filed a motion to suppress “all fruits of the
unlawful seizure and warrantless search of his person on
December 6, 2018, the search of the Wilkens Avenue residence,
and the subsequent search of his cell phone.” Dkt. No.
46 (“Mot.”) at 1. In support of his motion,
Barragan filed a copy of several officer reports and a
computer-aided dispatch printout from the date of his arrest
as well as a video identified as body cam footage of Napa
County Sheriff's Deputy Gary Donaldson. Dkt. No. 47-3.
Barragan requested an evidentiary hearing “[s]hould any
disputed issue of material fact arise with respect to this
motion[.]” Mot. at 1.
support of its opposition to the motion, the government
filed: a copy of Barragan's prior conviction and
probation conditions in Napa County Superior Court; a copy of
a Napa County Superior Court bench warrant dated October 1,
2018, issued following Barragan's failure to attend
appointments with his Probation Officer on August 28 and
September 10, 2018; a declaration from Napa County
Sheriff's Deputy William Branco, a Detective in the Napa
Special Investigations Bureau (“NSIB”); and a
declaration from Napa County Sheriff's Deputy Ken Van
Dyke, also a Detective in the NSIB. Dkt. Nos. 49
(“Opp'n”), 50, 51, 52.
filed a reply, attaching several additional exhibits. Dkt.
Nos. 53 (“Reply”), 54.
evidentiary hearing, the Court heard testimony from two
government witnesses: Shontelle Detwiler, Records Supervisor
with the Napa County Sheriff's Office; and Detective
December 6, 2018, at approximately 1:00 p.m., Detective
Branco saw defendant Barragan, whom Detective Branco says he
“knew from prior arrests and investigations, walking in
the area of Shetler Ave and Soscol Ave.” Bischof Decl.,
Ex. A (“Branco Report”) at 7. Detective
Branco's report states, “I knew BARRAGAN to have an
active Felony Warrant, and to be on Formal Napa County
Probation for possession of controlled substance for sales. I
also knew BARRAGAN to be a Sureno gang member . . . .”
Id. “BARRAGAN had a listed address on Wilken
Ave, to multiple different apartments.”
Branco's report continues, in relevant part, as follows:
I observed BARRAGAN travel northbound on Soscol Ave and sit
down in a chair in front of Starbucks, located in the South
Napa Marketplace. I parked my car in the parking lot and
entered the Starbucks door directly next to BARRAGAN. As I
walked passed [sic] him, I positively identified him as
BARRAGAN. Moments later BARRAGAN left the area on foot and
began walking east in the direction of Target. I followed
BARRAGAN in my vehicle and observed him approaching the
Target entrance. I then left the area and met with
Detective Van Dyke to began [sic] surveillance of BARRAGAN
to determine what house he entered.
After returning to the area, I saw BARRAGAN walking west on
Shetler Ave, in the area of Harding Ave. I lost sight of
BARRAGAN and suspected he entered the residence at [REDACTED-
Harding Ave], a residence known for Sureno gang activity. I
had previously assisted on a search warrant at that address,
in which BARRAGAN was the target. I stopped my car on Harding
Ave, north of the residence, and began conducting
NSIB Detective Sgt McWilliams, Detectives Ensley and Smith
arrived on scene a short time later, as well as Napa
Sheriff's Office Deputy Donaldson, who was in full
uniform and in a marked black and white NSO patrol vehicle.
NSIB Detectives all wore raid vests with large chest patches
displaying law enforcement agencies. An operational briefing
was conducted via radio.
A short time later, BARRAGAN exited the residence at
[REDACTED- Harding Ave], wearing the same clothing I saw him
in earlier. BARRAGAN was accompanied by another Hispanic Male
Adult. I accelerated my car and stopped in front of the
residence. I instructed BARRAGAN to get on the ground as I
sprinted toward him. Det. Van Dyke instructed the other male
to get on the ground. Barragan began to turn away from me to
his left, and took a few steps toward the locked gate of the
residence. The other subject also turned his body away and
did not comply with the directive. As I reached BARRAGAN, he
had his back completely toward me. I pushed him in his upper
back with my hand, forcing him to the ground. I then ...