United States of America v. Raul Guzman

Albuquerque, New Mexico criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



In September 2022, Albuquerque Police Officers Walker Marion and

Alex Castellano accompanied Christopher Armenta, a city code enforcement

supervisor, to inspect Mr. Cannon's property for compliance with Albuquerque's

housing code. Upon entering the property, the officers checked both buildings' doors

to make sure they were locked.



They then approached the trailer. Officer Marion checked the door and,

finding it unlocked, opened it. He immediately encountered Mr. Guzman and asked

him to show his hands and exit the trailer. Mr. Guzman did not comply with the

commands, protesting that he had just awakened. He paused in the doorway with his

right hand hidden behind his back. Officer Marion then heard a metal object hit

wood, after which Mr. Guzman emerged from the trailer with his hands raised.



Officer Marion handcuffed Mr. Guzman. While being cuffed, Mr. Guzman

told the officers he had the owner's permission to stay on the property.

Officer Castellano then led Mr. Guzman away while Officer Marion stepped into the

open door of the trailer. He spotted and seized a revolver in plain sight.



The officers walked to the front of the property and placed Mr. Guzman in the

back of a police car. Shortly thereafter, they arrested Mr. Guzman on an outstanding

misdemeanor warrant.



* * *



Mr. Guzman moved to suppress the evidence obtained in the warrantless entry

and search of the trailer. He contended he had a reasonable expectation of privacy in

the trailer because Mr. Cannon granted him permission to stay there and because the

posted notices referred only to the substandard buildings and thus did not pertain to

the trailer. He argued the officers violated his Fourth Amendment rights by opening

his trailer door, seizing and handcuffing him, and searching the trailer.

Mr. Guzman pled guilty to the felon-in-possession charge. In his plea agreement, Mr. Guzman retained the right to appeal the district court’s denial of the suppression motion only on the grounds argued in district court. He was sentenced to 27 months in prison and three years of supervised release. Mr. Guzman timely

appealed.