State v. Jackson

457 So. 2d 660
Supreme Court of Louisiana·Decided October 15, 1984·No. 84-KK-1050·Published·Cited by 6 cases

Opinion

457 So.2d 660 (1984)

STATE of Louisiana
v.
Charles JACKSON.

No. 84-KK-1050.

Supreme Court of Louisiana.

October 15, 1984.

*661 Ralph Capitelli, Capitelli, Bencomo & Wicker, New Orleans, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., James Maxwell, Dorothy A. Pendergast, Asst. Dist. Attys., for plaintiff-respondent.

BLANCHE, Justice.

Charles Jackson was charged by bill of information with the illegal possession of preludin in violation of La.R.S. 40:967. Prior to the trial, the defendant filed a motion to suppress physical evidence. The trial court denied that motion and the 5th Circuit Court of Appeal denied the defendant's application for writs. Upon the defendant's application to this court, the writ was granted and the case was remanded to the court of appeal for consideration in light of State v. Ossey, 446 So.2d 280, 281 (La.1984) with the suggestion that Ossey might be distinguishable. 445 So.2d 455. On remand, the Louisiana 5th Circuit Court of Appeal affirmed the trial court's denial of the motion to suppress. 452 So.2d 703. Upon defendant's application, this court granted writs to review the correctness of the lower court's ruling. 453 So.2d 946.

On June 6, 1983, Charles Jackson arrived at the New Orleans International Airport on a flight from Los Angeles, California, a source city for drug transportation. Agent Whitehead and Agent Hurley[1] of the Jefferson Parish Sheriff's Office were conducting routine surveillance of that flight. These officers are plain clothes narcotics agents whose main purpose is to detect and apprehend drug couriers using a profile which is an abstract of characteristics found typical of persons transporting drugs.[2] The officers observed the defendant disembark from the plane and noticed that he was walking in an unusually slow manner down the concourse, while occasionally glancing over his shoulder. These actions, together with the fact that he was arriving from a source city, were consistent with characteristics of the drug courier profile causing the officers to suspect the defendant was transporting drugs.

The agents placed the defendant under surveillance and followed him down the concourse to the baggage claim area where the defendant retrieved one small, maroonish, mesh-type suitcase. Testimony reveals that another established characteristic of the drug courier profile is a small amount of luggage for a long distance trip. Immediately after Jackson exited the airport, Agent Whitehead and Agent Hurley approached Jackson and showed him their police identification. After asking if they could speak to the defendant, Agent Whitehead testified that Jackson responded, "Yeah, I don't mind speaking. What you want?" The officer asked for some identification and the defendant's ticket. Jackson stated that he did not have any identification and had left his ticket on the plane, but told the officers his name was Charles Jackson. The agents then informed the *662 defendant that they believed he was transporting drugs and asked if they could search his suitcase. Jackson flatly refused to permit the search. Agent Hurley testified that at that point, "... we advised him that we were going to obtain a search warrant for the bag and that, until we could identify him, we asked him to accompany us to our upstairs office at the airport." (sic) Tr. p. 8.

Upon arriving in the office, Agent Whitehead frisked Jackson for weapons and found a handrolled cigarette in his sock. The defendant was immediately placed under arrest and advised of his rights. More marijuana was found in his coat pocket. While Jackson was emptying his pockets, Agent Hurley began typing a search warrant for the suitcase and informed the defendant of that fact. Whitehead then asked Jackson if he would consent to the search of the suitcase. At this point, Jackson told him to "go ahead". A written consent form was prepared and Jackson signed the form. The search of the suitcase revealed 32 clear bags that contained 100 preludins each.

Jackson contends that the trial judge erred in denying his motion to suppress drugs seized during the incident at the New Orleans airport. Jackson argues that he was being detained illegally and the evidence obtained as a result of the illegal searches is inadmissible.

The validity of an airport search on facts similar to those in the instant case has been addressed by this court in State v. Ossey, supra, and by the U.S. Supreme Court in Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983); U.S. v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). In Ossey, two police officers observed Ossey at the New Orleans International Airport after he disembarked from a plane from Los Angeles. Because Ossey's appearance, luggage and actions fit the drug courier profile, the officers approached Ossey, identified themselves as policemen and asked if they could speak to him. Ossey produced a driver's license and ticket that showed that he was traveling under an alias. The officers asked to search Ossey's suitcase. Ossey responded by asking if officers had a search warrant. The officers asked Ossey to accompany them to their office while one was prepared and Ossey agreed to go with them. The trial judge found that the defendant voluntarily accompanied the agents in a spirit of apparent cooperation and freely consented to the search of his suitcase. This finding was given great weight on appellate review. Since Ossey voluntarily accompanied the officers, he was not being illegally detained when he consented to the search, the resulting seizure of the drugs was permissible.

In U.S. v. Mendenhall, supra, two DEA agents approached the defendant after determining she met several of the characteristics of the drug courier profile. Mendenhall's driver's license and ticket showed she was traveling under an alias. After returning her driver's license and ticket, the agents asked her to accompany them to the DEA office for further questioning. As in Ossey, the trial judge found that Mendenhall accompanied the agents to the office voluntarily in a spirit of apparent cooperation and that she freely consented to the search that revealed she was transporting drugs. The U.S. Supreme Court upheld this finding and stated that since there was no illegal detention when Mendenhall consented to the search, the seizure of the drugs was permissible.

The present case differs factually from State v. Ossey and U.S. v. Mendenhall because there was no finding that the defendant voluntarily went with the agents by the trial court. In fact, in the instant case, the trial judge indicated he questioned the legality of the detention because in admitting the evidence seized in the search, he created a "good faith" exception to the exclusionary rule.[3]

*663 In Royer, unlike Ossey or Mendenhall, the Court held that the drugs discovered in an airport search should be suppressed. Royer's appearance, luggage and actions fit the drug courier profile and aroused the suspicions of two plain clothes detectives. Royer bought a one-way ticket to New York and checked two bags. The detectives approached him and identified themselves and asked if Royer would speak to them. Upon request, Royer produced a driver's license and ticket that showed he was traveling under an alias.

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State v. Jackson, 457 So. 2d 660 (La. 1984).

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