United States v. Alvin Leon Edwards

554 F.2d 1331, 1977 U.S. App. LEXIS 11854
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 24, 1977
Docket76-1668
StatusPublished
Cited by33 cases

This text of 554 F.2d 1331 (United States v. Alvin Leon Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Alvin Leon Edwards, 554 F.2d 1331, 1977 U.S. App. LEXIS 11854 (5th Cir. 1977).

Opinions

GOLDBERG, Circuit Judge:

Alvin Leon Edwards appeals from his conviction in a jury trial of possessing two checks knowing them to have been stolen from the mails. 18 U.S.C. § 1708. He claims that the search that uncovered the checks violated the fourth amendment and that he was denied a speedy trial. The government seeks to justify the search as based on probable cause coupled with exigent circumstances, as incident to an arrest, and as part of a routine inventory procedure for cars that are to be impounded. We reject each theory and reverse the conviction.

I.

On May 1, 1974 police officer M. L. Williams received a call to a government housing project in Atlanta’s west end. He arrived at the address and spoke to Mary McVickers, family service officer of the large apartment complex. She gave Williams a description of three persons who had allegedly been stealing checks from mail boxes: two black females with afro hair styles, one wearing a white blouse and orange pants, the other wearing a white blouse and blue pants; and one black male with the “super fly” look, i. e., hair combed down rather than in an afro. McVickers also described a white-over-maroon Cadillac.

Williams made no effort to determine the basis for the conclusion that the described persons had been stealing checks. McVickers said some tenants had called the office complaining about checks being stolen and providing the descriptions. Williams did not determine, from the tenants themselves or even from McVickers, whether any tenant had claimed to have seen the persons steal checks or engage in any other suspicious activity. For all that Williams ascertained, the tenant reports could have been based on a failure of government checks to arrive on the usual day, thus [1333]*1333arousing a groundless suspicion of theft, coupled with unfamiliarity with or dislike for the three described persons. In addition, Williams did not ascertain why anyone connected the Cadillac with the thefts.

After patrolling the area for a short period, Williams located a Cadillac fitting the description parked on a nearby street. Appellant Edwards, a black male with the superfly look, was sitting in the driver’s seat. A black woman wearing a white blouse and orange pants was walking nearby. Williams approached Edwards and sent fellow officer S. M. Shaw to speak to the woman.

As Williams approached the Cadillac, he saw Edwards bend down as if to place something on the floor. Williams asked Edwards for identification, but Edwards denied having any. When asked specifically about a driver’s license, Edwards said that he had none and that he was not driving. Rather, said Edwards, he was merely awaiting his brother.

Shaw returned and reported to Williams that speaking to the woman had “proved negative.” The woman denied knowing Edwards. Edwards also denied knowing the woman.

Williams requested and received permission from Edwards to search the car. Edwards got out of the car while Williams leaned in the open door and looked around. Williams found nothing.

At that point Williams and Shaw left Edwards and separated from one another. Shaw removed his shirt in an effort to avoid attracting attention to its light color and used binoculars to monitor activities at the apartment complex. Shaw was unable to observe any thefts from mail boxes, and after ten minutes he and Williams rejoined one another. Shaw related to Williams that he had observed Edwards speaking to the woman whom he had earlier denied knowing, and that Edwards had been driving the Cadillac. Williams left to find Edwards while Shaw pursued the woman.

Williams located the Cadillac backing out of a nearby driveway. When the Cadillac began to go forward, Williams used his flashing lights to stop the car. Edwards was driving, and Williams arrested him for driving without a license.1 Williams placed Edwards in the back seat of the patrol car. Shortly thereafter Shaw arrived with the woman in the back of his patrol car. Williams and Shaw searched the Cadillac exhaustively. They searched the trunk and the glove compartment. Beneath the overlapping carpet in the space between the driver’s seat and the door, the officers found two checks that proved to be stolen from the mails.

The officers immediately telephoned United States postal inspectors, who came to the scene. One day later, on May 2, 1974, Edwards was transferred from state to federal custody. The federal complaint for knowingly possessing stolen mail matter was filed May 3, 1974. On that date the authorities took Edwards before a magistrate. Edwards appeared at a preliminary hearing on May 10, 1974.

Thirteen months later, on June 3, 1975, a grand jury indicted Edwards. He appeared at an arraignment on July 17, 1975. Edwards moved for suppression of the checks as illegally seized and for dismissal of the charges for failure to afford him a speedy trial. A magistrate conducted a hearing on the motions on October 10, 1975. The magistrate rendered his report November 5, recommending that both motions be denied. The district court adopted the magistrate’s report on November 12. Edwards went to trial January 19,1976. A jury convicted him the next day, and the judge sentenced him to three years imprisonment. Edwards appeals, pressing the fourth amendment and speedy trial contentions. Finding the search unconstitutional,2 [1334]*1334we reverse the conviction without reaching the speedy trial issue.3

II.

The government first attempts to support the search on the theory that there was probable cause coupled with exigent circumstances. Probable cause exists only when the facts and circumstances within the officers’ personal knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that an offense has been or is being committed. See Brinegar v. United States, 338 U.S. 160, 175-76, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Carroll v. United States, 267 U.S. 132, 162, 45 S.Ct. 280, 69 L.Ed. 543 (1925). We find an absence of probable cause.

The key to the probable cause issue is the impact of the original report that the three described persons were involved in stealing checks. Had Williams presented an affidavit to a magistrate recounting only that his informant, Ms. McVickers, believed that the described persons had been stealing checks, it is inconceivable that the magistrate would have issued a warrant either to arrest the described persons or to search the Cadillac. The informant’s bare conclusion that criminal activity was afoot fell far short of the probable cause threshold. Here, as in Spinelli v. United States, 393 U.S. 410, 416, 89 S.Ct. 584, 589, 21 L.Ed.2d 637 (1967), “[t]he tip does not contain a sufficient statement of the underlying circumstances from which the informer con-eluded that” the accused had committed the crime attributed to him. The inadequacy of the tip to support a warrant necessarily indicates that it will not support a warrant-less search; some showing of “the underlying circumstances” is as crucial in the latter situation as in the former.

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Bluebook (online)
554 F.2d 1331, 1977 U.S. App. LEXIS 11854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alvin-leon-edwards-ca5-1977.