United States v. Harold Evan Grant

920 F.2d 376
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 13, 1991
Docket90-1397, 90-1398
StatusPublished
Cited by56 cases

This text of 920 F.2d 376 (United States v. Harold Evan Grant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Harold Evan Grant, 920 F.2d 376 (6th Cir. 1991).

Opinions

KEITH, Circuit Judge.

Defendant Harold Evan Grant (“Grant”) is charged with possession with intent to distribute over one kilogram of phencycli-dine (“POP”), in violation of 21 U.S.C. § 841(a)(1). The United States (the “Government”) appeals from the district court’s March 21, 1990 order suppressing evidence,1 pursuant to 18 U.S.C. § 3731; and its March 8,1990 order releasing Grant on bail, pursuant to 18 U.S.C. § 3145. For the reasons stated below, we AFFIRM.

[378]*378I.

A.

Based onthe January 18, 1990 suppression hearing testimony of Border Patrol Agent Donald Buechner (“Agent Buech-ner”); Border Patrol Agent Jeffery Cou-dure (“Agent Coudure”) (collectively “the agents”); Roger LaGrone, a' supervisor for Northwest Airlines at LaGuardia Airport in New York City (“LaGrone”); Albert Sorn-berger, an officer with the New York Port Authority stationed at LaGuardia Airport (“Officer Sornberger”); and Larry Cornish, a Deputy Wayne County Sheriff (“Deputy Cornish”), the district court made the following findings of fact:

Border Patrol agents regularly check early morning flights arriving at Detroit Metropolitan Airport from the Southwest for drug traffickers and for illegal aliens, because those flights are not checked in their cities of origin. The agents check both passengers who deplane and those in transit. According to their testimony, the agents regularly question everyone who remains seated on such a flight, regardless of whether or not there is an articulable reasonable suspicion that the person is an illegal alien.
On November 19, at approximately 6:00 AM, there were two Border patrol agents [Agent Buechner and Agent Coudure] present at the Detroit Metropolitan Airport to check Northwest Airlines flight 338, a domestic flight that originated in Los Angeles and was scheduled to proceed on from Detroit to New York City. Flight 338 arrived at approximately 6 AM and was scheduled to depart at approximately 7 AM. The arriving passengers deplaned before the Border Patrol agents reached the gate.
When the agents arrived at the gate at approximately 6:30 AM, they boarded the plane and walked through it once without questioning anyone. They then left the plane to question two passengers suspected of being illegal aliens who had already deplaned and were waiting in the gate area. After determining that the two passengers were illegal aliens, the agents re-boarded the aircraft to begin the process of questioning all persons who they thought might be aliens. The questioning process went as follows: the agents identified themselves as Border Patrol agents; they asked the passengers where they came from and their destination; and then they asked each passenger to produce immigration documents. The agents described themselves as dressed in Levi’s jeans. They gave no reason why they were not in uniform despite the fact that they were conducting an activity traditionally conducted by uniformed Border Patrol agents.
At the beginning of their sweep through the plane, the agents observed Grant asleep at the back of the plane. They decided to begin the sweep by questioning Grant because of his [dreadlocks] hairstyle,[2] which indicated that he might be of Jamaican origin. According to Buechner, they approached him first “just to be on the safe side.” One of the agents tapped Grant on the shoulder and identified himself as a Border patrol agent. He asked Grant where he was coming from. He responded, “Los Ange-les.” The agent asked where Grant was born. He responded, “Belize.” The agent asked Grant how long he had been in the United States. He responded, “Six years.” The agent asked Grant for his immigration documents, or “green card.” He responded that it was in his carry-on bag. He then retrieved his carry-on bag and produced the card. The agent saw nothing suspicious in the card other than that it might be a forgery, because the agent said he occasionally encountered forged green cards. Nothing on the face of the document presented to the agent suggested that it was a forgery.
The agent observed that Grant was shaking as he handed the green card over to [379]*379him. While the agent was questioning Grant, he stood in the aisle of the aircraft next to him. Another agent stood one row away. A third law enforcement officer, Wayne County Deputy Sheriff Cornish, was positioned at the nose of the aircraft.
The agent looked for Grant’s name on a passenger manifest for flight 338, obtained from Northwest Airlines, and could not find it. The agents sometimes make use of passenger manifests, if they are available. However, there is nothing in the record to suggest that the manifests accurately reflect the names of all the passengers on the aircraft. The agent then asked Grant where he was going. Grant said that he was going to John F. Kennedy Airport in New York, while the aircraft was actually headed to LaGuardia.
The agent then asked Grant for his ticket. He said that the ticket was in his checked luggage. This made the agent suspicious. However, the [district court] takes judicial notice of the fact that a ticket is not necessary to board a Northwest Airlines flight. At check-in, the airline agent removes the ticket from the passenger’s ticket package, leaving the passenger with a copy. The airline agent places the original ticket in the passenger’s boarding pass. The original is removed from the boarding pass when the passenger boards the plane.
After learning that Grant did not have his ticket, the agent asked Grant to look for it in his carry-on bag. Grant looked in the bag briefly and then stood up and walked forward to a location in the middle of the aircraft on the left side, taking his carry-on bag with him. The agent followed Grant and told him that he still needed to see his ticket. Grant said he would look for it. The agent left to question other passengers.
Working from the front of the aircraft, while the other agent worked from the rear, the two Border Patrol agents proceeded to remove 56 passengers from the flight. They then returned to Grant who again appeared to be asleep. They woke him again. At the inception of this second round of questioning, the agents asked Grant to leave the aircraft. He agreed to do so.
At this point, the aircraft was five to ten minutes away from its scheduled departure from Detroit. As the agent deplaned with Grant, he told the flight attendant that one passenger might or might not return to the aircraft. However, he did not ask that the aircraft be held until a determination was made. Nor did he tell Grant that he had a choice as to whether or not he wanted to deplane.
Grant was taken to an area where all of the other aliens who had been taken off the plane and arrested were sitting. He was placed in a row by himself. The agent then asked if they could go through his carry-on bag. He consented. In the course of that search, the agents discovered a small quantity of marijuana. Grant was then arrested for a state law offense, but he remained in the custody of the Border Patrol.

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Bluebook (online)
920 F.2d 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harold-evan-grant-ca6-1991.