United States v. Ernest G.M. Rowland

464 F.3d 899, 2006 U.S. App. LEXIS 23325, 2006 WL 2614140
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 13, 2006
Docket05-10375
StatusPublished
Cited by66 cases

This text of 464 F.3d 899 (United States v. Ernest G.M. Rowland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Ernest G.M. Rowland, 464 F.3d 899, 2006 U.S. App. LEXIS 23325, 2006 WL 2614140 (9th Cir. 2006).

Opinion

ORDER AND OPINION

PREGERSON, Circuit Judge.

ORDER

The panel has unanimously voted to grant the petition for panel rehearing. The petition for rehearing en banc is denied as moot. The unpublished memorandum disposition of July 3, 2006, is hereby withdrawn. An opinion shall be filed concurrently with this order.

OPINION

Defendant-Appellant Ernest G.M. Rowland appeals the denial of his motion to suppress evidence and his motion for pretrial discovery related to his conviction for possession of methamphetamine with in *902 tent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(viii). We have jurisdiction over this appeal under 28 U.S.C. § 1291 and we affirm. We hold that Guam Customs officers are statutorily authorized to stop any passenger arriving in Guam if the officer has reasonable suspicion to believe that the passenger is violating Guam’s drug laws. We also conclude, that the totality of the circumstances in this case gave rise to reasonable suspicion of such a violation, and that the district court did not abuse its discretion when it denied Rowland’s motion for pretrial discovery.

I. Factual and Procedural Background

In October 2003, Drug Enforcement Administration (“DEA”) agents in Guam received a telephone tip that Rowland was planning to smuggle methamphetamine hydrochloride to Guam from Hawaii. The informant identified himself 1 to the officers, provided Rowland’s name and his approximate height and weight, and remarked that Rowland was from Hawaii and was on probation. The informant told DEA Agent Jonathan Anderson that he had contacted the DEA to “bare his soul;” it is undisputed that the informant contacted the DEA voluntarily and was not motivated by a plea offer or other favorable treatment from authorities. After receiving the tip, Agent Anderson and Agent David Taitano contacted the Hawaii Probation Department. The Probation Department confirmed that Rowland was on probation in Hawaii, provided Rowland’s date of birth and his physical location, and informed the agents of Rowland’s criminal history that included prior drug convictions.

About one week after receiving the tip, Agents Anderson and Taitano met with the informant for about ten minutes to discuss Rowland. In addition to that meeting, the agents spoke with the informant on the telephone about two or three other times. The informant could not tell the agents the specific date that Rowland would travel from Hawaii to Guam. The informant had no known track record of reliability on this or any other case. Agents Anderson and Taitano informed Guam Customs and Quarantine (“Guam Customs”) that they were interested in Rowland; Guam Customs placed Rowland’s name on a computer “watch list” at A.B. Won Pat International Airport in Guam.

On December 15, 2003, Rowland arrived at the Guam airport on a domestic flight from Honolulu, Hawaii. Although Rowland and the other passengers were not required to pass through federal immigration or customs checkpoints, they were required to execute a Guam Customs Agriculture Declaration Form. Rowland presented his form to a Guam Customs Officer, and stated that he would spend roughly one week in Guam and that he did not possess prohibited items or controlled substances.

Because Rowland’s name was in the computer watch system, the Guam Customs officer referred Rowland to secondary inspection. At secondary inspection, Guam Customs Officer F.J. Quinata asked Rowland if he was carrying any prohibited items. Rowland responded that he was not. Officer Quinata searched Rowland’s bag and found nothing. Officer Quinata observed, however, that Rowland “was nervous and sweating mildly during the inspection.” Quinata then asked Rowland if he had any weapons or narcotics on his person. Rowland replied, “Yes, I have *903 dope on me.” Quinata conducted a strip-search and found 464 grams of methamphetamine hydrochloride in packets strapped around Rowland’s waist.

On December 17, 2003, Rowland was indicted for possession with intent to distribute methamphetamine hydrochloride in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(viii). Rowland filed a motion to suppress evidence on March 1, 2004, alleging, inter alia, that the Guam Customs officers lacked both probable cause and reasonable suspicion to believe that Rowland was engaged in criminal activity. He simultaneously filed a motion for pretrial discovery of information related to the confidential informant. In its opposition to the motions, the government argued, inter alia, that the search was a “border search” that did not require reasonable suspicion or probable cause. In his reply, Rowland contested the assertion that the customs search qualified as a border search. After a brief initial hearing on April 28, 2004, the district court ordered supplemental briefing on the border search issue. On October 5, 2004, the district court conducted a second hearing on the motions and heard testimony from DEA Agent Anderson about his contact with the confidential informant.

On November 3, 2004, the district court denied the motion to suppress. The district court did not reach the question whether the search was a “border search” that did not require reasonable suspicion or probable cause. Instead, the district court held that “the information supplied by the [informant] demonstrated sufficient indicia of reliability so as to provide the DEA with reasonable articulable suspicion justifying the issuance of the intelligence report and the customfs] officer’s subsequent stop of defendant.” The court further concluded that Rowland’s statement that he had dope on his body created probable cause that justified the search of his person.

On December 29, 2004, the U.S. magistrate judge in Guam denied Rowland’s motion for discovery related to the confidential informant. The magistrate judge concluded that Rowland had not made “a sufficient showing to demonstrate that he is entitled to the information concerning the informant.” The magistrate judge found relevant the fact that the government did not intend to use the informant or the information that he provided at trial.

Following the denial of his motions, Rowland entered into a conditional guilty plea with no written plea agreement. On May 6, 2005, he was sentenced to 292 months incarceration and 10 years of supervised release. Rowland filed this timely appeal of the denial of his motion to suppress and his motion for pretrial discovery.

II. Standard of Review

We review the denial of a motion to suppress de novo. See United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc). Whether an official acted within his statutory authority is a question of law that we review de novo. See, e.g., United States v. Miller, 205 F.3d 1098, 1100 (9th Cir.2000).

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

Related

United States v. Welch
Ninth Circuit, 2025
United States v. Verganza
Ninth Circuit, 2025
State v. Olivas
Court of Appeals of Arizona, 2024
United States v. Myron Motley
89 F.4th 777 (Ninth Circuit, 2023)
City of Wenatchee v. Frank E. Stearns
Court of Appeals of Washington, 2023
United States v. Shane Vandergroen
964 F.3d 876 (Ninth Circuit, 2020)
Jonathan Capp v. County of San Diego
936 F.3d 899 (Ninth Circuit, 2019)
United States v. Joseph Eldabaa
699 F. App'x 747 (Ninth Circuit, 2017)
Blight v. City of Manteca
266 F. Supp. 3d 1234 (E.D. California, 2017)
United States v. Justin Werle
815 F.3d 614 (Ninth Circuit, 2016)
United States v. Jeffrey Buchanan
637 F. App'x 327 (Ninth Circuit, 2016)
United States v. Anthony McGee
606 F. App'x 351 (Ninth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
464 F.3d 899, 2006 U.S. App. LEXIS 23325, 2006 WL 2614140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ernest-gm-rowland-ca9-2006.