United States v. John C. Humphrey, W.C. Garbez, and Robert D. Smith

759 F.2d 743, 1985 U.S. App. LEXIS 21461
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 2, 1985
Docket83-3023, 83-3025 and 83-3026
StatusPublished
Cited by36 cases

This text of 759 F.2d 743 (United States v. John C. Humphrey, W.C. Garbez, and Robert D. Smith) 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. John C. Humphrey, W.C. Garbez, and Robert D. Smith, 759 F.2d 743, 1985 U.S. App. LEXIS 21461 (9th Cir. 1985).

Opinion

NORRIS, Circuit Judge:

This appeal presents the question whether Coast Guard officers violated the Fourth Amendment when they made a warrant-less, suspicionless and discretionary daytime boarding of a sailboat on the high seas, entered the below-deck cabin after learning that weapons were stowed there, and then conducted a safety inspection in the cabin.

I

On June 20, 1982, defendants Humphrey, Garbez and Smith were sailing in the north Pacific Ocean aboard the Orea, a thirty-nine foot sailboat. 1 After the Coast Guard cutter Boutwell made visual contact with the Orea, the Boutwell received a radio message from the Orea. The Orea inquired whether a boarding would take place, and asked that the boarding party bring beer with them. The Boutwell responded by radio, inquiring as to the destination of the Orea and informing the Orea that she would be boarded. The Orea reported that she was headed for her home port, San Francisco. The commander of the Boutwell decided to board the Orea for the stated purpose of conducting a routine document and safety inspection. The commander had been alerted to watch for pleasure craft carrying drugs from Asia via the North Pacific and observed that the Orea was riding slightly low in the water. The Orea was boarded without probable cause or even reasonable suspicion that the Orea was either carrying contraband or was in violation of safety or document regulations.

Upon boarding the Orea, Coast Guard Lt. Rutz asked whether any weapons were on board. When Humphrey answered affirmatively, Lt. Rutz asked, “May I see them?” Humphrey led Lt. Rutz below deck, where he took possession of the weapons and unloaded them. Humphrey then invited Lt. Rutz to inspect the fire extinguishers, and after doing so, Lt. Rutz asked to examine the marine sanitation device, which is the bathroom facility in nautical terms. Humphrey told Lt. Rutz that he would have to move some loose sails in order to reach the device. Upon moving the sails, Lt. Rutz discovered some fifty aluminum foil packages with a few scattered seeds and green particles sticking to the outside of the packages. The officer opened the packages and discovered what he believed and a subsequent test proved to be marijuana. At that point, the defendants were arrested. A further search of the Orea led to the discovery of approximately 3100 pounds of marijuana valued at over $3,000,000.

Defendants were indicted under 21 U.S.C. § 955a (1982) for possessing narcotics on a vessel of American registry with the intent to distribute and for conspiracy to do so under 21 U.S.C. § 955c (1982). After the district court denied their motion to suppress the marijuana evidence on the ground that the search of the Orea violated the Fourth Amendment, they were convicted on both the substantive and conspiracy counts following a court trial. All three defendants were convicted on both counts; defendant Smith received thirty months incarceration, defendant Garbez was sentenced to two years, and defendant Humphrey was sentenced to four years.

*746 II

A

The first question we address is whether the Coast Guard’s daytime boarding of the Orea for the purpose of conducting a document and safety inspection — as distinguished from the subsequent inspection of the below-rdeck cabin — violated the Fourth Amendment. We hold, principally on the authority of United States v. Villamonte-Marquez, 462 U.S. 579, 103 S.Ct. 2573, 77 L.Ed.2d 22 (1983), that the boarding did not violate the Constitution, notwithstanding that the boarding was conducted without a warrant, without probable cause and without an administrative plan limiting the discretion of the Coast Guard officers.

In Villamonte-Marquez, the Supreme Court considered a suspicionless and warrantless boarding of a sailboat located in a ship channel connecting a designated customs port of entry with the open sea. The boarding was conducted by customs officials for the purpose of a document inspection. Because a simple boarding— limited to the publicly exposed deck area— involves only a minimal intrusion on protected Fourth Amendment interests, the Court said such boardings are to be “judged by balancing [the] intrusion on the individual’s Fourth Amendment interests against [the] promotion of legitimate governmental interests.” Id. at 588, 103 S.Ct. at 2579 (quoting Delaware v. Prouse, 440 U.S. 648, 654, 99 S.Ct. 1391, 1396, 59 L.Ed.2d 660 (1979)). 2

Thus, Villamonte-Marquez establishes the balancing test as the standard by which the boarding of the Orea must be judged. When we apply the balancing test to the facts of this case, we reach the same result as did the Supreme Court in Villamonte-Marquez. 3 Initially, the privacy interest invaded by the boarding of the Orea is not materially different from the privacy interest evaluated in Villamonte-Marquez; both cases involved law enforcement officers entering the publicly exposed deck area of a sailing vessel. The governmental interests in the two cases are factually distinguishable, but in both cases the governmental interest is sufficiently substantial to outweigh the minimal intrusion on protected privacy. Two important governmental interests supported the boarding of the Orea. First, there is a substantial governmental interest in enforcing documentation laws on the high seas because the United States is obligated by treaty to enforce documentation laws for United States vessels in international waters. See Unit *747 ed States v. Watson, 678 F.2d 765, 768 (9th Cir.), cert. denied, 459 U.S. 1038, 103 S.Ct. 451, 74 L.Ed.2d 605 (1982). Second, the governmental interest in safety was particularly strong in this case because of the course and location of the Orea in the North Pacific. The Magistrate’s finding that the commander of the Boutwell decided to board the Orea to determine whether the sailboat was capable of making the journey home is supported by the testimony of the commander of the Boutwell that he would have been remiss in his duty to insure the safety of United States citizens at sea if he had not made a safety inspection of the Orea under the circumstances. 4

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Bluebook (online)
759 F.2d 743, 1985 U.S. App. LEXIS 21461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-c-humphrey-wc-garbez-and-robert-d-smith-ca9-1985.