United States v. Correa

641 F.3d 961, 2011 U.S. App. LEXIS 11970, 2011 WL 2304186
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 13, 2011
Docket10-3504
StatusPublished
Cited by9 cases

This text of 641 F.3d 961 (United States v. Correa) 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. Correa, 641 F.3d 961, 2011 U.S. App. LEXIS 11970, 2011 WL 2304186 (8th Cir. 2011).

Opinion

MURPHY, Circuit Judge.

Nebraska state troopers found methamphetamine in Miguel Correa’s possession as he was traveling by bus through Omaha. Correa was arrested and indicted for possession with intent to distribute over five, hundred grams of methamphetamine. The district court granted Correa’s motion to suppress evidence of the methamphetamine and the statements he made after its discovery. The government challenges that order in this interlocutory appeal. We reverse and remand for further proceedings.

The following undisputed facts are from suppression hearing testimony. In April 2010 Correa was traveling by bus from Las Vegas to Des Moines. His bus stopped in Omaha, where all through passengers briefly got off at the terminal. Nebraska state troopers were checking *964 bus passenger lists for people who had bought their tickets in cash within a day of departure from drug source cities, such as Las Vegas. They found three such people on Correa’s bus; he was one of them.

After the through passengers reboarded, troopers Scott, Eberle, and Rasgorshek got on the bus. They wore plain clothes but carried concealed weapons. They followed their usual practice in checking out the passengers. Rasgorshek knelt in the driver’s seat facing backwards into the bus. Eberle and Scott went to the back of the bus and began to work their way forward, asking to see each passenger’s ticket.

Scott eventually reached Correa, who sat in the front third of the bus. Scott stood slightly behind Correa’s seat, not blocking him from the aisle. When Correa showed his ticket, Scott realized that he was one of the passengers in which they were interested. Scott asked where Correa was going, where he had come from, and which items on the bus were his. Correa said he was going home to Des Moines but that he had been in Las Vegas for ten years. He clarified that he lived in Las Vegas but would visit family in Des Moines for up to a few weeks. Throughout their encounter Scott and Correa spoke in English in normal conversational tones. Scott found Correa’s demeanor “evasive but not confused.”

Scott noticed that during their conversation Correa “periodically reach[ed] over and reposition[ed]” a jacket on the empty seat next to him. He observed that Correa became increasingly nervous over the course of the conversation. Asked about his luggage, Correa pointed overhead to a small gym bag which Scott considered too small for the trip he described. Scott told Correa that the troopers were “watching for people transporting illegal ... guns, knives, [and] drugs,” and asked permission to search him, his bag, and his jacket. Correa said yes, pointed to his bag, and stood, apparently expecting to be patted down. Scott told Correa “he could say seated,” and again asked Correa’s permission specifically to search the jacket. Correa said “yes” and handed it to Scott. Scott noted that the jacket felt heavy and found inside it two duct taped wet wipe container packages. Each weighed about a pound. Scott testified that in his six years of conducting searches on buses, he had “never come across a duct taped wet wipe container that did not contain methamphetamine.”

Scott handcuffed Correa, removed him from the bus, and took him to a back office of the bus terminal. Scott did not consider this removal an arrest, but rather “custody ... in furtherance of [his] investigation.” Over 500 grams of methamphetamine were found inside the containers, “confirming] [Scott’s] suspicion.” Scott then issued a Miranda warning. Correa waived his Miranda rights and made incriminating statements, offering to reveal his contacts in Des Moines in exchange for leniency.

Correa was indicted for possession of methamphetamine with intent to distribute under 21 U.S.C. § 841. He moved to suppress his statements and the drugs, citing the Fourth Amendment. Correa argued that Scott’s initial questioning on the bus was a detention unsupported by reasonable suspicion, that his consent to search was involuntary, and that his subsequent removal from the bus was an arrest unsupported by probable cause.

After a hearing, the magistrate judge issued a report and recommendation to deny Correa’s motion to suppress the evidence. He concluded that the encounter between Scott and Correa on the bus was not a detention, that Correa had voluntarily consented to the search which yielded the duct taped containers, that Correa’s consent to search extended to the search *965 in the bus depot opening the containers, and in the alternative that opening the containers was justified as an investigative detention and search under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

The district court adopted only the magistrate judge’s factual findings before granting Correa’s motion to suppress. The district court concluded that Scott’s conversation with Correa on the bus was an illegal detention and found that Correa had not voluntarily consented to a search on the bus. The government now brings an interlocutory appeal of the district court’s rulings.

We review de novo the question of whether Correa was detained on the bus. United States v. Valle Cruz, 452 F.3d 698, 705 (8th Cir.2006). A detention occurs when “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). In situations in which a person would have “no desire to leave,” the question is instead whether “a reasonable person would feel free to decline the officers’ requests or otherwise terminate the encounter.” Florida v. Bostick, 501 U.S. 429, 435-36, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991).

Relying on United States v. Drayton, 536 U.S. 194, 204, 122 S.Ct. 2105, 153 L.Ed.2d 242 (2002), the government argues that Scott’s conversation with Correa on the bus was not a detention triggering Fourth Amendment protection. In Dray-ton, police boarded Drayton’s bus during a scheduled stop. Id. at 197, 122 S.Ct. 2105. One officer knelt in the driver’s seat, and the other two went to the back of the bus. One remained there while the other worked his way forward questioning passengers. The questioning officer stood slightly behind each passenger so that they could easily get out of their seats. Id. at 197-98, 122 S.Ct. 2105. After arresting Drayton’s seatmate who was carrying drugs, the officer asked Drayton, “May I search you?” Drayton allowed a pat down, revealing drugs taped to his body. Id. at 199, 122 S.Ct. 2105.

The Supreme Court held that this procedure did not violate the Fourth Amendment.

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Bluebook (online)
641 F.3d 961, 2011 U.S. App. LEXIS 11970, 2011 WL 2304186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-correa-ca8-2011.