United States v. Jodoin

2 Mass. Supp. 84
CourtDistrict Court, D. Massachusetts
DecidedJanuary 16, 1981
DocketCri. No. 80-273-S
StatusPublished

This text of 2 Mass. Supp. 84 (United States v. Jodoin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jodoin, 2 Mass. Supp. 84 (D. Mass. 1981).

Opinion

MEMORANDUM AND ORDER

SKINNER, D.J.

Defendant Peter Jodoin is charged with possession of a controlled substance, cocaine, in violation of 21 U.S.C. § 841(a)(1). The case is presently before me on defendant’s motion to suppress evidence. Evidentiary hearings on this motion were held on October 22 and December 15, 1980.

At approximately 5:42 p.m. on August 7, 1980, Officers Richard Riggio and Vicki Callahan of the Broward County Sheriffs Department, Broward County, Florida, observed a man-later identified as Peter Jodoin alight from a cab in front of the [85]*85Delta Airlines terminal at the Fort Lauder-dale-Holly wood International Airport. Defendant proceeded hurriedly into the terminal, carrying a large white suitcase and a small gray plastic bag. Officers Riggio and Callahan, who were working undercover on the airport narcotics detail, followed defendant into the terminal. At the ticket counter, defendant produced a ticket and requested to be placed on Flight 326 bound for Boston. He was told that the flight was scheduled to depart at 5:45 p.m. and that he would have to hurry in order to catch the plane. Defendant checked his white suitcase, and subsequently ran toward the gate area where he boarded Flight 326.

Officers Riggio and Callahan testified that defendant appeared nervous in the terminal and continually turned his head to observe them, even while he was running toward the gate. After defendant left the terminal afea, they performed a routine examination of his ticket history, and his recent whereabouts in Fort Lauderdale. They discovered that. (1) defendant’s airline ticket, paid for in cash, was issued to one “Paul Harper”; (2) defendant had not given Delta Airlines a telephone number at which he could be reached; (3) defendant was scheduled to depart from Boston on August 7 with an open return from Fort Lauderdale; (4) defendant, in fact, left Boston in the late evening of August 6 on Flight 277, arriving in Fort Lauderdale at 1:05 a.m. on August 7; (5) defendant picked up his cab to the Fort Lauderdale airport for the return flight to Boston in front of the Howard Johnson’s Hotel at Fort Lauderdale Beach; and (7) no one registered under the name Harper stayed at the Howard Johnson’s Hotel during this period.

On the basis of this information, Officers Riggio and Callahan suspected defendant of being a drug courier. They testified that defendant exhibited several characteristics of the “drug courier profile” for the Fort Lauderdale Airport.1

At approximately 6:30 p.m. on August 7, Officer Riggio telephoned the Boston office of the Drug Enforcement Agency [DEA]. He informed Agent Roger Marchand of everything he knew about defendant. Along with Agents Dever and Keaney, Agent Marchand proceeded to the Delta Airlines terminal at Logan Airport to await the arrival of Flight 326 from Fort Lauderdale.

At approximately 8:45 p.m. defendant arrived in Boston on Flight 326. Agent Marchand testified that defendant appeared nervous as he walked toward the baggage carousel and waited for his luggage, continually scanning the area around him. Defendant picked up a white suitcase from the carousel and proceeded through the baggage security personnel. At this point, Agents Marchand, Dever and Keaney, approached defendant. Agent Marchand identified himself as a DEA agent and asked defendant if he could speak to him for a few moments, to which defendant replied “Sure”. Marchand then asked defendant for his name. Defendant said that it was “Peter Jodoin”, not Paul Harper as the ticket history indicated. When requested to produce his ticket, defendant said that he did not have it. Defendant was also unable to provide any identification. Agent Marchand next asked defendant whence he had come. Defendant replied that he had'been staying in Fort Lauderdale for several days with friends. This, too, contradicted the ticket history. Agent Marchand then asked defendant whether the white suitcase he was carrying was his, to which defendant at first replied “I don’t know”, and subsequently “It’s not mine.” Marchand inquired if defendant was carrying any clothing. Defendant responded that he had left his clothes in Fort Lauderdale with friends. Finally, when asked whether he would [86]*86consent to a search of the suitcase, defendant said that he would not.

A break in the conversation occurred at this moment. Defendant then picked up the white suitcase and proceeded outside the terminal toward the cab stand, followed closely by the three agents. Prior to defendant’s entering a cab, Agent Marchand asked, him if he would continue the conversation at the airport DEA office. Defendant replied that he would. He also asked Marchand whether he was under arrest andif he could see his lawyer. Marchand replied that defendant was not under arrest and that a telephone would be made available to him at the DEA office to call his attorney.

At the DEA office, defendant reiterated his refusal to consent to a search of the suitcase. The agents then told him that they were attempting to have a drug detection dog brought to the office to sniff the luggage. When the agents later learned that no dogs were available, they told defendant that he was free to go, but that his suitcase would be detained until a detector dog was found.

Defendant spent a total of approximately twenty minutes at the, DEA office. The agents did not physically touch him during this period. They did not give him a Miranda warning.

The next day, a detector dog sniffed defendant’s suitcase but failed to sense any narcotics. On August 11, Agent Keaney obtained a warrant to search the suitcase on the basis of all this information, plus an informant’s tip that defendant had associated with known drug dealers. Approximately four pounds of cocaine were discovered in the suitcase. Defendant was subsequently arrested.

Defendant now moves to suppress the quantity of cocaine seized by the DEA agents. In support of this motion, he presents three arguments based on the Fourth Amendment. First, defendant claims that the DEA agents’ initial contact with him at Logan Airport was a “seizure” and that they lacked reasonable grounds to make such a stop. Second, he contends that the detention of his suitcase at the DEA office pending procurement of a drug detector dog was an unreasonable seizure of property. Third, he argues that the warrant-to search" the suitcase was issued without probable cause. With respect to all three arguments, defendant contends that the discovery of the cocaine was a direct “fruit” or byproduct of the unreasonable government action. The government contests these arguments as well as defendant’s standing to challenge the search of the suitcase.

Defendant also moves to suppress any statements he made to DEA agents at Logan Airport. As grounds, he asserts that. the agents violated his rights under Miranda v. Arizona, 384 U.S. 436 (1966), and the Sixth Amendment by failing to warn him that he had a right to remain silent and right to the assistance of counsel.

I. Standing

In order to have standing to challenge the search, defendant must show that he had a “reasonable expectation of privacy” in the suitcase. United States v. Salvucci, 48 U.S.L.W. 4881, 4884 (June 25, 1980); Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J.

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2 Mass. Supp. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jodoin-mad-1981.