Government of the Virgin Islands v. David

45 V.I. 100, 2002 WL 31682232, 2002 V.I. LEXIS 32
CourtSupreme Court of The Virgin Islands
DecidedOctober 30, 2002
DocketCriminal No. F53/2002
StatusPublished
Cited by1 cases

This text of 45 V.I. 100 (Government of the Virgin Islands v. David) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of the Virgin Islands v. David, 45 V.I. 100, 2002 WL 31682232, 2002 V.I. LEXIS 32 (virginislands 2002).

Opinion

HOLLAR, Judge

MEMORANDUM OPINION

(October 30,2002)

This matter came before the Court on the defendant’s Motion to Suppress. The Government filed an Opposition. The Court scheduled a hearing on that motion on July 12, 2002. At the hearing, the Court heard arguments and proffered testimony from counsel for the respective parties. The Court reserved ruling on the motion and, in an Order dated July 15, 2002, the parties were directed to file supplementary Memoranda of Points and Authorities. For reasons that follow, the Court will deny the motion to suppress.

[104]*104I. FACTS AND PROCEDURAL HISTORY

The Government of the Virgin Islands alleges in a single count Information that defendant Kevin David (hereinafter “David”) knowingly and intentionally possessed a controlled substance with the intent to distribute, to wit: marijuana, in violation of V.I. CODE ANN. tit. 19, § 604(a)(1). Accompanying the information was an affidavit sworn to by Lieutenant Rodney Querrard of the Virgin Islands Police Department. Prior to the filing of the information and affidavit, a Probable Cause Fact Sheet, filed by the Lieutenant was utilized and referred to at the defendant’s advice of rights hearing. According to Lieut. Querrard, on February 5, 2002, the Drug Enforcement Agency (DEA) agents in the Atlanta, Ga. airport observed the defendant in possession of a “large” sum of cash while passing airport security on his way to a flight to St. Thomas, Virgin Islands. At that point, David had two (2) checked pieces of luggage but no carry-on luggage. Agents then observed that while the defendant was walking through the jetway1 to board the aircraft before departure, a person, appearing to be an airport employee, but unidentified, met David. While David was in flight, the Atlanta agents contacted and alerted law enforcement in St. Thomas. Those Atlanta agents gave a description of David and his possessions. At about 2:30 p.m., on February' 5, 2002, law enforcement in St: Thomas observed a person matching David’s description disembark the Delta flight from Atlanta, Ga., which arrived at Cyril E. King Airport. The individual matching the description of David had in his possession a black piece of carry-on luggage. At the baggage claim area, David picked up the two (2) pieces of luggage he checked in Atlanta, Ga. Officers then approached the man meeting David’s description. After confirming it was in fact David, he was asked to accompany the officers to an area near the U.S. Customs office and he agreed. They then asked him-to consent to a search of his person and belongings. He refused a search of his belongings but consented to a search of his person. That search disclosed approximately Four Thousand Five Hundred Twenty-Six Dollars and 00/100 ($4,526.00) in small denominations found in his pocket and concealed in the collar area of his jacket. The officers also [105]*105brought a trained drug sniffing police dog to sniff David and his possessions. The dog did not react to David’s luggage but did react to the currency.2 At about 3:40 p.m., United States Customs Inspector Gloria Lambert searched David’s luggage without his consent. This search revealed ten (10) cellophane-wrapped bundles appearing to contain marijuana found among clothing contained in his luggage. The bundles field tested positive for marijuana. David acknowledged ownership of the clothes but denied any knowledge of the drugs. David was then arrested and advised of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).

II. ANALYSIS

The defendant advances the following issues for the Court’s resolution: (1) whether contraband seized during an unconsented search of an arriving passenger from the United States mainland to the U.S. Virgin Islands must be suppressed if the search was made by a Customs Inspector without a warrant or probable cause; and (2) whether contraband seized by law enforcement must be suppressed if the Equal Protection provisions of the Fourteenth Amendment as applied to the Territory were violated.

A. CONTRABAND SEIZED BY CUSTOMS INSPECTORS DURING AN UNCONSENTED SEARCH OF AN ARRIVING PASSENGER FROM THE UNITED STATES MAINLAND TO THE U.S. VIRGIN ISLANDS NEED NOT BE SUPPRESSED, EVEN IF DONE WITHOUT A WARRANT OR PROBABLE CAUSE.

In this case, the Court must decide whether the search of the defendant’s luggage was in violation of the Fourth Amendment’s prohibition against unreasonable searches and seizures. In the absence of an exception, the Exclusionary Rule requires this Court to suppress evidence gathered by means of a constitutionally unreasonable search. See United States v. Hodge, 42 V.I. 437, 450, 89 F. Supp. 2d 668 (D.C.V.I. 2000). There is no question that the Fourth Amendment is [106]*106applicable throughout the United States, including at its borders. See U.S. v. Ramsey, 431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. 2d 617 (1972). There is also no question that it applies throughout the Virgin Islands.3 See Revised Organic Act of 1954 § 3 (as amended) (applying the Fourth Amendment to the Virgin Islands); 48 U.S.C. § 1561. The Fourth Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The defendant claims that the search of his luggage violated the Fourth Amendment and thus must be suppressed. In order to rule on the legality of the search, the Court has to decide what level of protection was afforded David under the Fourth Amendment when the Customs Inspector made a search of his luggage without consent. The Fourth Amendment prohibits only unreasonable searches and seizures. The reasonableness of a search is contingent on the particular circumstances of the search. See United States v. Montoya de Hernandez, 473 U.S. 531, 537, 105 S. Ct. 3304, 3308, 87 L. Ed. 2d 381 (1985).

1. A Routine Search of an Individual at a Traditional Border is Authorized and Reasonable Albeit Without a Warrant, Probable Cause, or Reasonable Suspicion.

The general rule is that warrantless searches are presumptively unreasonable. Horton v. California, 496 U.S. 128, 133, 110 S. Ct. 2301, 2306, 110 L. Ed. 2d 112 (1990). In order for a police officer to obtain a warrant, a neutral magistrate must find objective facts demonstrating probable cause before the search is conducted. Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963). In the present case, there was no warrant issued prior to the search. Once law enforcement asked the defendant for consent and the consent was refused, the resulting search without a warrant

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Related

David v. Government of the Virgin Islands
51 V.I. 993 (Virgin Islands, 2009)

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Bluebook (online)
45 V.I. 100, 2002 WL 31682232, 2002 V.I. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-david-virginislands-2002.