United States v. $84,000 U.S. Currency v. Donald Holmes and Max Reyes, Claimants-Appellants

717 F.2d 1090, 1983 U.S. App. LEXIS 24076
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 12, 1983
Docket82-1602
StatusPublished
Cited by52 cases

This text of 717 F.2d 1090 (United States v. $84,000 U.S. Currency v. Donald Holmes and Max Reyes, Claimants-Appellants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $84,000 U.S. Currency v. Donald Holmes and Max Reyes, Claimants-Appellants, 717 F.2d 1090, 1983 U.S. App. LEXIS 24076 (7th Cir. 1983).

Opinions

COFFEY, Circuit Judge.

The government, as plaintiff, filed this civil action for the forfeiture of $84,000 in U.S. currency seized from the claimants pursuant to 21 U.S.C. § 881(a)(6). Donald Holmes and Max Reyes, as claimants, answered the government’s forfeiture claim contesting the legality of the seizure of the currency and the applicability of the forfeiture statute. The district court held that 21 U.S.C. § 881(a)(6) was applicable and that the currency had not been illegally seized. We affirm.

On the evening of September 10, 1981, Drug Enforcement Administration (“DEA”) Agent Michael Streicher and Chicago Police Officer Rosemary Burzinski were assigned to Chicago’s O’Hare International Airport to monitor the arrival of passengers on flights from certain “source cities” in an effort to control the flow of illegal drugs.1 The law enforcement officers were awaiting the arrival of United Airlines Flight 149 from Fort Lauderdale, Florida, a DEA designated source city, to observe the passengers as they left the aircraft. At approximately 8:45 p.m., Flight 149 parked at United Airlines Gate F-7, and the passengers deplaned and walked into the concourse. Two members of the first group to emerge from the gate were the claimants, Donald Holmes and Max Reyes.

Holmes and Reyes milled around the gate area after deplaning, glancing about as if looking for someone or something. The officers’ attention was attracted to the two young men because of their anxious manner, suspicious conduct, casual dress and the fact that Holmes was fair-skinned and displayed no tan; all factors fitting the DEA “drug courier profile”2 utilized by officers to alert them to possible drug traffickers.

Following their survey of the gate area, Holmes and Reyes entered the concourse and proceeded to a television monitor screen displaying the arrival and departure times of United Airlines flights. After viewing the screen for what seemed to Officer Burzinski to be an inordinately long period of time, Holmes and Reyes continued down the concourse corridor followed by Agent Streicher and Officer Burzinski. The appellants walked slowly down the corridor toward the junction of Concourses E and F, glancing back over their shoulders several times as if trying to determine whether they were being followed. Holmes and Reyes entered a cocktail lounge located at the juncture and purchased two drinks. Agent Streicher and Officer Burzinski then observed the claimants leave the lounge and take their drinks to the check-in area at Gate E-2. The officers at this time positioned themselves opposite the gate to continue their observation.

Holmes and Reyes stood in line at Gate E-2 and checked in for a 9:35 p.m. flight to Omaha, Nebraska. After reserving their seats, the claimants walked away from the [1093]*1093gate and were approached by Agent Streicher and Officer Burzinski. The law enforcement officers promptly identified themselves and asked Holmes and Reyes for identification. The claimants produced first-class tickets and driver’s licenses issued in their appropriate names. Officer Burzinski asked Holmes and Reyes if they were traveling with luggage and they replied they were. The officers noticed, however, that Reyes’ ticket portfolio contained no baggage claim stub and they questioned him about the discrepancy. Reyes’ ticket was returned to him and he proceeded to the check-in counter to inquire about the issuance of a baggage claim check. During this conversation between the officers and the claimants, Reyes’ voice quivered, and both he and Holmes appeared to the officers to be nervous throughout the encounter.

Prior to Reyes’ return to the check-in counter, the claimants were asked by Agent Streicher and Officer Burzinski during the initial encounter if they would voluntarily consent to a search of their luggage. After being advised of their right to refuse, the claimants agreed to let the officers search their baggage. Officer Burzinski then copied down Holmes’ claim ticket number and a description of Reyes’ luggage and left the corridor to contact United Airlines personnel about locating the claimants’ luggage. After originally giving his consent and while Burzinski was arranging for the search of the luggage, Reyes voiced some hesitation about consenting to a search of his luggage. To allay Reyes’ fears, Agent Streicher informed the claimants “that [the officers] were not interested in small quantities of marijuana or pills or coke, and that if ... all they had in their luggage was a small quantity, that [the officers] would just check that, and if there was some [the officers] would take it and discard it and they could be on their way.” In response to Agent Streicher’s comments, the claimants stated that their bags contained small quantities of marijuana and cocaine and that they would allow the officers to open the luggage.

Officer Burzinski returned to the group after arranging with United Airlines personnel for the segregation of Holmes’ and Reyes’ luggage. Shortly thereafter, the officers were informed that the luggage had been placed in a basement area below Gate E-2. Officer Burzinski, Agent Streicher, Holmes and Reyes descended a flight of stairs and entered a small, dark non-public area. The claimants identified the luggage located in the secluded area as theirs but prior to searching the baggage Agent Streicher noticed bulges in Reyes’ pants legs at the tops of his boots. Agent Streicher stated that for his safety he “patted down” Reyes and felt a hard object which he was unable to identify by touch. Streicher then directed Reyes to remove his boots and bundles of money spilled out of his pants legs and his boots. Streicher placed the money in Reyes’ suitcase and proceeded to search Holmes who also had large quantities of money in his boots and inside his waistband and pants legs.

A search of Reyes’ and Holmes’ suitcases uncovered small quantities of marijuana and cocaine. The claimants were placed under arrest, informed of their Miranda rights and taken, along with their suitcases, to the DEA office at O’Hare.3 Holmes and Reyes were processed and the money in their possession was counted in their presence. In the case of Reyes, $30,000 of the money found on his person was confiscated by the officers and $25 was returned to him. The officers seized $54,000 of the money discovered in Holmes’ suitcase and on his person and returned $91 to him. A DEA supervisor, Joseph Salvemini, arrived and interviewed the claimants. After the claimants completed and signed written statements regarding the seized currency they were released and conveyed by Streicher and Burzinski to a nearby hotel to await the next flight to Omaha the following morning.4

[1094]*1094On March 17, 1981, the United States filed its complaint for civil forfeiture of the $84,000 seized under 21 U.S.C. § 8815 and Holmes and Reyes filed their claims thereafter. The claimants denied that the monies were used or were intended to be used for illegal purposes and alleged that their constitutional rights had been violated during the seizure of the funds. A trial was held in the district court and a judgment was entered ordering the appellants’ previously confiscated $84,000 forfeited to the United States.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael D. Johnson v. State of Indiana
Indiana Supreme Court, 2020
State of Arizona v. Johnathon Bernard Serna
331 P.3d 405 (Arizona Supreme Court, 2014)
United States v. Hall
193 F. App'x 125 (Third Circuit, 2006)
Ransome v. State
816 A.2d 901 (Court of Appeals of Maryland, 2003)
United States v. Gregory Roggerman
279 F.3d 573 (Eighth Circuit, 2002)
American Samoa Government v. Faumuina
3 Am. Samoa 3d 94 (High Court of American Samoa, 1999)
United States v. Funds in the Amount of $9,800
952 F. Supp. 1254 (N.D. Illinois, 1996)
Matter of $10,098.00 in US Currency
854 P.2d 1223 (Court of Appeals of Arizona, 1993)
United States v. $12,900 in United States Currency
803 F. Supp. 1459 (S.D. Indiana, 1992)
No. 91-5200
952 F.2d 53 (Third Circuit, 1992)
United States v. RD 1, Box 1
952 F.2d 53 (Third Circuit, 1991)
United States v. 8848 South Commercial St., Chicago, Ill.
757 F. Supp. 871 (N.D. Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
717 F.2d 1090, 1983 U.S. App. LEXIS 24076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-84000-us-currency-v-donald-holmes-and-max-reyes-ca7-1983.