United States v. Kashiema Alston

375 F.3d 408, 2004 U.S. App. LEXIS 13876, 2004 WL 1541299
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 7, 2004
Docket03-3134
StatusPublished
Cited by24 cases

This text of 375 F.3d 408 (United States v. Kashiema Alston) 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. Kashiema Alston, 375 F.3d 408, 2004 U.S. App. LEXIS 13876, 2004 WL 1541299 (6th Cir. 2004).

Opinion

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Kashiema Alston was convicted by a jury of possession with intent to distribute cocaine under 21 U.S.C. § 841(a)(1)(B). On appeal, Ms. Alston asserts that the district court erred in denying her motion to suppress because she was illegally seized in violation of her rights under the Fourth Amendment. Ms. .Alston also argues that the district court erred in denying her proposed jury instruction, stating that the jury should not give more credibility to the testimony of law enforcement officers than other witnesses solely because of their status. We hold that the encounter between Ms. Alston and. the officers did not rise to the level of a seizure for purposes of the Fourth Amendment. Thus, we affirm the district court’s denial of the motion to suppress. We also hold that the district court did not abuse its discretion in denying Ms. Alston’s last-minute request for. a jury instruction, and we affirm the judgment of the district court.

I.

Ms. Alston was arrested on January 14, 2002, in Cleveland International Airport after her carry-on luggage was searched, and officers found cocaine inside the lining of a coat contained in her luggage. Ms. Alston was traveling from Los Angeles, California, to Hartford, Connecticut, her hometown. Officers in Cleveland received information from a drug task force in Houston, Texas, stating that Ms. Alston was traveling from Los Angeles to Hartford and that the circumstances surrounding the purchase of her ticket indicated that she might be involved in illegal drug transportation.

An investigation by officers in Cleveland revealed that Ms. Alston’s ticket was purchased by Robert Taylor, a man who produced no identification and paid the fare in *410 cash. Ms. Alston departed on January 11, 2002, and was scheduled to return on January 20, 2002. Late in the evening on January 13, 2002, the return ticket was changed to depart on January 14, 2002. The fee for this change was paid in cash. The investigation revealed that Ms. Alston was traveling alone and that she checked no baggage in Los Angeles. The officers learned that her plane was scheduled to land in Cleveland, where she would change planes, and that she was seated near the center of the plane arriving from Los An-geles.

Officers Brian Johnston, Debra Harrison, and Kirk Johns were assigned to locate Ms. Alston when she landed in Cleveland. After approaching one individual and determining that she was not Ms. Alston, the officers observed Ms. Alston deplane. Although they did not know her specific age or have a physical description of her, the officers were able to locate her as a single female traveler in the middle of the plane. The officers observed her as she left her gate, purchased a cup of coffee, and purchased food. Ms. Alston then approached a bank of telephones. The three officers, who were all dressed in plain clothes and not showing weapons, decided to approach her before she made a telephone call.

Officer Johnston approached Ms. Alston, and after showing her his identification, he told her that he was a drug-task-force officer and asked if he could speak with her. Office Johnston testified at the suppression hearing that he told Ms. Alston that she was not under arrest and was free to leave at anytime. Ms. Alston initially consented, but she went to ask the gate agent a question regarding her flight, leaving her carry-on luggage at the phone bank. Ms. Aston returned, and Officer Johnston again asked if he could speak with her. She again consented, and Officer Johnston asked her name and asked for identification. Ms. Aston produced identification, and after a brief inspection, Officer Johnston returned it to her. Then, Officer Johnston asked to inspect her boarding pass. Again, Ms. Aston produced the boarding pass, and after a brief inspection, Officer Johnston returned it. During this time, Officer Harrison stood a distance behind Officer Johnston, and Officer Johns pretended to be a traveler talking on the telephone.

Officer Johnston then asked if he could have permission to search her carry-on baggage. Again, Ms. Aston consented. Officer Harrison approached in order to search the bag and found that it was sealed by a lock. Officer Johnston asked Ms. Aston if she had a key, and she said no. Officer Harrison proceeded to open the bag by separating the zipper. During the search of Ms. Aston’s luggage, Officer Harrison picked up a coat and noticed that it was quite heavy. She began to pat down the coat and felt what she believed to be contraband in the lining of the coat. Officer Johns then approached and offered Officer Harrison a knife with which to cut the lining of the coat. Ater Officer Harrison retrieved packets of cocaine from the lining of the coat, Ms. Aston was arrested.

Ater Ms. Aston was indicted, she filed a motion to suppress, claiming that the officers illegally seized her and that the evidence obtained from the seizure should be suppressed. The district court held a suppression hearing in which the motion to suppress was denied orally. A jury found Ms. Aston guilty, and she was sentenced to sixty-three months imprisonment.

II.

This Court reviews a district court’s factual findings in a suppression hearing for clear error and reviews a district court’s conclusions of law de novo. *411 United States v. Waldon, 206 F.3d 597, 602 (6th Cir.2000).

Ms. Alston argues that the encounter with the officers on January 14, 2002, amounted to a seizure, and that the seizure was unconstitutional because the officers had neither reasonable suspicion nor probable cause to detain her. Because we believe that a reasonable person in Ms. Alston’s circumstances would have felt free to leave, we hold that Ms. Alston was not seized for purposes of the Fourth Amendment. Further, because Ms. Alston does not challenge the district court’s holding that her consent to search was freely and voluntarily given, we hold that the evidence obtained by the officers was properly admitted by the district court.

“Under the Fourth Amendment, there are three types of permissible encounters between police and citizens: consensual encounters in which contact is initiated by a police officer without any articulable reason whatsoever and the citizen is briefly asked some questions; a temporary involuntary detention or Terry stop which must be predicated upon ‘reasonable suspicion;’ and arrests which must be based on probable cause.” United States v. Bueno, 21 F.3d 120, 123 (6th Cir.1994). The first of these encounters is permissible without any particularized suspicion because no seizure has occurred for purposes of the Fourth Amendment. A seizure occurs when “under the totality of the circumstances, a reasonable person would have believed that he or she was not free to walk away.” United States v. Saperstein, 723 F.2d 1221, 1225 (6th Cir.1983).

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Bluebook (online)
375 F.3d 408, 2004 U.S. App. LEXIS 13876, 2004 WL 1541299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kashiema-alston-ca6-2004.