United States v. Chareou Caprice Condelee

915 F.2d 1206, 1990 U.S. App. LEXIS 17447, 1990 WL 143228
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 3, 1990
Docket89-2342WM
StatusPublished
Cited by27 cases

This text of 915 F.2d 1206 (United States v. Chareou Caprice Condelee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Chareou Caprice Condelee, 915 F.2d 1206, 1990 U.S. App. LEXIS 17447, 1990 WL 143228 (8th Cir. 1990).

Opinions

MAGILL, Circuit Judge.

The government appeals the district court’s order granting defendant Chareou Caprice Condelee's motion to suppress evidence as the result of a Terry stop, unsupported by reasonable suspicion, involving the seizure of the defendant and her personalty. The government asserts the evidence was improperly suppressed because DEA agents possessed a reasonable, articu-lable suspicion of ongoing criminal activity to support Condelee’s detention in the Kansas City International Airport (KCI). We agree and reverse.

I.

On March 3, 1989, at 6:58 a.m., Carl B. Hicks, a special agent with the Drug Enforcement Administration (DEA), and two detectives from the Platte County sheriff’s department, all dressed in plain clothes, were at KCI observing passengers deplaning from Braniff Flight 650 from Los An-geles, as part of the ongoing KCI Drug Task Force. Agent Hicks had been informed that the Crips and the Bloods, two Los Angeles street gangs, were using “sharply dressed black female couriers” to smuggle drugs through KCI. Chareou Caprice Condelee deplaned, wearing a brown dress and a dark leather jacket, and carrying a purse and a garment bag. Condelee walked quickly, looking straight ahead, across the concourse from the arrival gate to the exit door.

Agent Hicks approached Condelee as she waited at the curbside taxi stand and requested permission to speak with her. Condelee assented. Agent Hicks then identified himself as a police officer and displayed his badge. As they conversed, Con-delee walked back inside the terminal. Agent Hicks followed. Condelee stopped at a trash can inside the terminal. Agent Hicks and Condelee continued to converse. In response to Agent Hicks’ questions, Condelee was very specific about her itinerary. Condelee’s oneway ticket was purchased in her own name for cash through a travel agent several days before the flight. Agent Hicks then asked Condelee for identification. A nervous Condelee, with hands shaking and an accelerated pattern of speech, placed her purse on the trash can, tilted the purse toward her for obvious concealment purposes, and removed her wallet. Several items accidently fell out of the purse and into the trash can. After showing Agent Hicks her California driver’s license, Condelee put the wallet back in her purse, once again tilting it so that Agent Hicks could not observe the contents. Condelee then placed the purse on the trash can, and Agent Hicks heard a noise indicating that something heavy was in the purse.

Agent Hicks displayed his badge a second time and informed Condelee that he was a DEA agent watching for drugs being smuggled into KCI. Agent Hicks asked Condelee if she brought drugs from Los Angeles. She denied having any drugs. Condelee then consented to a search of her garment bag. Agent Hicks searched the bag but did not discover any drugs. Agent Hicks then asked Condelee if she had any drugs in her purse. She again denied having any drugs. When Agent Hicks requested permission to search her purse, Condelee told him he would have to get a search warrant. Con-delee then told Agent Hicks that she wanted to go to the bathroom with her purse. Agent Hicks responded that Condelee could not take her purse to the bathroom but could remove any necessary items. Conde-lee asked to make a phone call. Agent Hicks and the two detectives accompanied her to the phone bank. At this point, Agent Hicks asked Condelee if there was something in her purse that would get her in trouble. Condelee began to cry. Agent Hicks asked Condelee if there was cocaine in her purse, and she replied, “Yes.” Agent Hicks seized Condelee’s purse and placed her under arrest.

Condelee was escorted to Agent Hicks’ car, read her Miranda warnings, and transported to the Platte County sheriff’s department. While in the car, Condelee [1209]*1209made an inculpatory statement regarding her possession of cocaine. Later at the sheriffs department, Condelee executed a consent to search form. The ensuing search of the purse resulted in the discovery of cocaine wrapped in a woman’s girdle.

On March 14, 1989, a grand jury indicted Condelee for knowingly and intentionally possessing with intent to distribute 500 grams or more of a substance containing cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). On April 14 and again on July 11, Condelee moved to suppress the evidence seized and the statements made. On July 17, 1989, the magistrate recommended that the evidence be suppressed. On July 27, 1989, the district court issued an order adopting the magistrate’s findings, over the government’s objections, and granting Condelee’s motion to suppress. The district court subsequently denied the government’s motion for reconsideration. The government appealed.1 We reverse.

II.

The parties agree that the initial consensual encounter between Agent Hicks and Condelee was transformed into a Terry stop when Agent Hicks showed Condelee his badge for a second time, told her he was watching for drugs being smuggled into KCI, and asked if she had any drugs, because a reasonable person would believe she was not free to leave. See United States v. Drinkard, 900 F.2d 140, 142-43 (8th Cir.1990). The government argues on appeal that Agent Hicks possessed a reasonable, articulable suspicion of ongoing criminal activity based on objective facts at the time of the stop and, therefore, Conde-lee’s motion to suppress should have been denied. We review de novo the legal issue of whether Condelee’s detention violated the fourth amendment. See United States v. Hernandez, 854 F.2d 295, 297 (8th Cir.1988).

In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court held that “the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” Id. at 30, 88 S.Ct. at 1884. The police may detain luggage briefly where there is reasonable suspicion that the luggage contains narcotics. United States v. Place, 462 U.S. 696, 706, 103 S.Ct. 2637, 2644, 77 L.Ed.2d 110 (1983).

The Supreme Court has required that an officer “be able to articulate something more than an ‘inchoate and unpartic-ularized suspicion or hunch.’ ” United States v. Sokolow, 490 U.S. 1, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (quoting Terry, 392 U.S. at 27, 88 S.Ct. at 1883). The fourth amendment requires “some minimal level of objective justification” to support a Terry stop. INS v. Delgado, 466 U.S. 210, 217, 104 S.Ct. 1758, 1763, 80 L.Ed.2d 247 (1984). The existence of reasonable suspicion is determined by the totality of the circumstances. United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 694, 66 L.Ed.2d 621 (1981).

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United States v. Chareou Caprice Condelee
915 F.2d 1206 (Eighth Circuit, 1990)

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Bluebook (online)
915 F.2d 1206, 1990 U.S. App. LEXIS 17447, 1990 WL 143228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chareou-caprice-condelee-ca8-1990.