United States v. Bailey

193 F. Supp. 2d 1044, 2002 WL 480363
CourtDistrict Court, S.D. Ohio
DecidedMarch 19, 2002
DocketCR2-01-99(1,2)
StatusPublished
Cited by4 cases

This text of 193 F. Supp. 2d 1044 (United States v. Bailey) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bailey, 193 F. Supp. 2d 1044, 2002 WL 480363 (S.D. Ohio 2002).

Opinion

OPINION AND ORDER

SARGUS, District Judge.

This matter is before the Court for consideration of two Motions to Suppress, the first filed by Defendant Michael Shawn Bailey (Doc. # 18) and the second by Defendant Catherine L. Lambert (Doc. # 22). Both defendants essentially assert that a postal inspector conducted an unlawful detention, seizure, and search of an express mail package sent to 56709 High Ridge Road, Bellaire, Ohio (the “premises”). The Government concedes that Defendant Bailey has standing to challenge the search, while contending that Defendant Lambert does not. Because standing is undisputed as to Bailey, the Court will first address the issues he raises. For the reasons that follow, both motions are DENIED.

I.

The facts relevant to the motions to suppress, while not wholly without conflict, are essentially undisputed. An evidentiary hearing was held on February 28, 2002. Testimony was given by Postal Inspector Joseph Long and by Gerald Ciafoni, owner of the premises who leased the residence to both movants.

*1046 Inspector Long testified that in December of 1997 he received a phone call from Olin Martin, then the Chief Deputy of the Belmont County Sheriffs office. Martin advised him that Defendant Bailey was suspected of illegal drug distribution and that his supply of drugs allegedly came through the United States mail. Martin indicated that Bailey was suspected of trafficking in methamphetamines being shipped in from Southern California. Beyond these details, Martin did not otherwise give details as to the basis for his suspicions concerning Bailey. Long, who works in Cleveland, Ohio, was unaware of the location of Belmont County or of Bel-laire, Ohio and referred to a map to identify the county. Martin advised Long that he had originally called the Columbus Postal Inspector’s office, but had been directed to refer the matter to the Cleveland office, which purportedly had jurisdiction over matters in Belmont County. Unbeknownst to Long, Belmont County is within the territorial jurisdiction of the United States District Court for the Southern District of Ohio. 28 U.S.C. § 115.

On December 17, 1997, Long called the Bellaire, Ohio Post Office and placed what is called a mail watch on any materials deliverable to Bailey’s residence. 1 On Saturday, December 20,1997, an express mail package arrived at the Bellaire Post Office. The package had been mailed from California on Thursday, December 18, 1997, and guaranteed for two day delivery.

A postal worker at the Bellaire Post Office called Long and described the package to him. According to Long, certain features of the package fit a profile of packages containing illegal drugs. Long testified, that from his training and experience, a variety of factors made him suspicious as to the package in question, including (1) an origination location from Southern California; (2) a fictitious return address; (3) personal, not business, addresses of both sender and recipient; (4) bulky contents indicating that more than a letter or documents are being shipped.

Chief Deputy Olin Martin had previously told Long that the Belmont County Sheriffs office did not have a drug sniffing canine unit. Consequently, Long directed the Bellaire Post Office to deliver the package to him in Cleveland where he intended to subject the package to a sniff by a canine unit.

The next day, Long received the package between 6 and 7 a.m. in Cleveland; which is in Cuyahoga County. Unbeknownst to Long, the package had been transported at his direction from the territorial jurisdiction of the Southern District of Ohio to that of the Northern District of Ohio. See 28 U.S.C. § 114.

Long arranged for a canine unit from a local police department to check the package. The canine sniff was performed before 7:30 a.m. on the same day. Long was familiar with both the dog and handler, having used the unit on many prior occasions with accurate results. Upon sniffing the package, the dog immediately alerted, indicating the presence of unlawful narcotics. At this point, on the morning of December 21, 1997, Long believed he had sufficient probable cause to seek a search warrant.

Long also testified that, given the weight of the package and the lack of nexus to a larger organization, the matter did not fit the intake standards for cases accepted for prosecution by the United States Attorney’s Office for the Northern *1047 District of Ohio. Consequently, he believed that the United States Attorney’s Office would not seek a search warrant over the weekend. Long instead called a secretary that same Sunday and requested that she meet him early the next morning to prepare a search warrant affidavit. Long met with the secretary at 7:30 a.m. the next morning. As soon as the United States Attorney’s Office opened on Monday, December 22, 1997, Long contacted an Assistant United States Attorney to assist in obtaining a search warrant.

The Assistant United States Attorney reviewed the proposed affidavit prepared by Long. The affidavit describes the precise street address of the residence to which the package was to be delivered. The address refers to Bellaire, Ohio but not to the County of Belmont. The affidavit states that the package was in the possession of Long. The affidavit does not describe the method by which he came into possession of the package.

The Assistant United States Attorney approved the affidavit as written by Long and the same was presented to Magistrate Judge David S. Perelman of the Northern District of Ohio. The Magistrate Judge signed the affidavit in the late morning of December 22, 1997. Long thereafter opened the package which included .95 ounces" of methamphetamines. On the following day, Long and Martin made a controlled delivery of the package to Bailey’s residence.

II.

The defendants, Bailey and Lambert, contend that the detention, seizure, and searching of the express mail package constituted an unreasonable search and seizure in violation of the Fourth Amendment. The defendants contend that the original warrantless seizure of the package was unlawful, the removal of the package to the Northern District of Ohio was without legal authority, and the search warrant was issued by a judicial officer of the Northern District of Ohio who lacked jurisdiction over a matter arising outside of such district.

Analysis of these issues begins with United States v. Van Leeuwen, 397 U.S. 249, 90 S.Ct. 1029, 25 L.Ed.2d 282 (1970), in which the Supreme Court addressed the authority of law enforcement to detain and open packages sent through the mails. The Court recognized that first-class mail (essentially meaning, in this context, letters or packages that are sealed and private, as opposed to flyers or postcards which are not) “is free from inspection by postal authorities, except in the manner provided by the Fourth Amendment.” Id. at 251, 90 S.Ct. 1029.

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Cite This Page — Counsel Stack

Bluebook (online)
193 F. Supp. 2d 1044, 2002 WL 480363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bailey-ohsd-2002.