State v. Thomas

343 S.E.2d 588, 81 N.C. App. 200, 1986 N.C. App. LEXIS 2263
CourtCourt of Appeals of North Carolina
DecidedJune 3, 1986
Docket8518SC1128
StatusPublished
Cited by18 cases

This text of 343 S.E.2d 588 (State v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Thomas, 343 S.E.2d 588, 81 N.C. App. 200, 1986 N.C. App. LEXIS 2263 (N.C. Ct. App. 1986).

Opinion

WHICHARD, Judge.

For reasons set forth below, we hold that the court properly denied the motion to suppress defendant’s incriminating statements, but erred in denying his motion to suppress the physical evidence agents obtained when they searched his luggage without a warrant. Accordingly, the order denying defendant’s motion to suppress is affirmed in part and reversed in part, and the judgment entered upon defendant’s plea of guilty is vacated.

*202 I.

Terry Turbeville and Steven G. Porter, narcotics agents for the North Carolina Bureau of Investigation (S.B.I.), were the only witnesses to testify at the suppression hearing. From their uncon-tradicted testimony the following facts can be adduced:

On the morning of 23 January 1985 defendant arrived at Greensboro Regional Airport aboard a regularly scheduled commercial flight. As he deplaned, defendant “made eye contact with” Turbeville, who was working with Porter and two other officers on a drug interdiction assignment. Turbeville recalled having seen defendant in the Greensboro terminal a day or two earlier wearing a leather jacket, jeans and boots. He further described defendant’s appearance on that prior occasion as “rather unkempt.” Defendant was now wearing a three-piece suit which “didn’t fit him very well” and what appeared to be the same “unkempt boots.”

The four members of the interdiction team, none of whom wore a uniform, followed defendant as he proceeded across the terminal and down an escalator toward the baggage claim area. Turbeville and Porter followed directly, while the two other officers followed at a distance. Twice defendant looked back at Turbeville and Porter.

Once inside the baggage claim area defendant positioned himself against a wall at the far end of the baggage conveyor belt, twenty to twenty-five feet from the other passengers. While waiting for his baggage, defendant “watch[ed] the people around him.” He would repeatedly focus on Turbeville and Porter and then look away. After most of the passengers had claimed their luggage, defendant walked over to the conveyor belt, picked up a large American Tourister suitcase, and turned to walk out of the terminal. The suitcase was “obviously very heavy and cumbersome.”

Turbeville and Porter approached defendant. Turbeville identified himself and Porter as S.B.I. agents and they both showed defendant their credentials. Turbeville asked to see defendant’s airline ticket; defendant complied with the request. The ticket indicated that it had been purchased with cash, that the passenger’s name was Mike Dees, and that he had flown from Greensboro, *203 North Carolina to Houston, Texas the day before. After both agents noted the above information, Turbeville returned the ticket to defendant.

Addressing defendant as “Mr. Dees,” Turbeville inquired whether he had seen defendant in the terminal in the last day or two. Defendant replied, “No, I don’t think so.” Again addressing defendant as “Mr. Dees,” Turbeville asked whether defendant had “further identification.” Defendant produced a driver’s license which bore the name Ralph Thomas and explained that a friend had made his travel reservation. Turbeville returned defendant’s license. Turbeville testified that throughout the initial contact with defendant “he was very nervous, both in his manner of speech and in his not being able to move around too much without his hands shaking.”

After returning defendant’s license Turbeville explained to defendant that he and Porter were conducting a narcotics investigation and that they would appreciate his cooperation. He told defendant that they had an office down the concourse “aways” and asked if defendant would accompany them to that office so they “could explain further what it was [they] were trying to do” and so they could avoid causing him “any embarrassment by talking with him in the middle of the terminal.”

Defendant acquiesced without commenting. Defendant carried the large suitcase which he had just claimed and Turbeville carried defendant’s carry-on luggage, a blue nylon bag. Porter accompanied defendant and Turbeville to the office. The two other officers followed at a distance but remained outside the office.

Once inside the office Turbeville again told defendant that he and Porter were conducting a narcotics investigation. He further explained that they were “not trying to find everybody’s small amount of marijuana they had for personal use,” but what they “were looking for was large amounts of narcotics coming into the area.” The following dialogue then took place:

Agent Turbeville: “Do you have anything on you that you shouldn’t have?”
Defendant: “Yes, [pause] I might have.”
Agent Turbeville: “Well, why don’t we go ahead and take care of that right now.”
*204 Defendant: “Well, what do you want me to do, show it to you?”
Agent Turbeville: “Well, yes.”
Defendant: “I’m not sure I understand what my rights are.”

Turbeville asked defendant to consent to a search of his person and his luggage. He explained that defendant had the right to refuse consent. Defendant chose to exercise that right and refused to consent to a search. Turbeville then placed defendant under arrest for “[possession of controlled substances.” After arresting defendant, Turbeville and Porter conducted a search of his person and luggage. The large American Tourister suitcase was locked and upon request defendant supplied the key. The suitcase contained twenty-five one pound packages of marijuana.

Based on the foregoing facts, the court concluded as a matter of law:

[1.] that Agent Turbeville had reasonable and articulable suspicion that the defendant had committed a felony;
[2.] that Agent Turbeville had reasonable grounds to stop the defendant and to arrest the defendant;
[3.] that the arrest of the defendant was, in all respects, lawful and valid; [and]
[4.] that the search of the person of the defendant and his two bags was, in all respects, reasonable, incident to a valid arrest.

Accordingly, the court denied defendant’s motion to suppress.

II.

Defendant contends the court erred in denying his motion to suppress the incriminating statements he made to Turbeville and Porter once inside the private office and the marijuana the agents seized following his arrest. He argues that this evidence was obtained in violation of his Foyrth Amendment rights and therefore should have been excluded. In particular defendant maintains (1) that he was unlawfully seized when Turbeville and Porter escorted him from the public area of the airport terminal to a private office without having “reasonable suspicion” of his in *205

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Bluebook (online)
343 S.E.2d 588, 81 N.C. App. 200, 1986 N.C. App. LEXIS 2263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-ncctapp-1986.