United States v. Kevin C. Ward

144 F.3d 1024, 1998 U.S. App. LEXIS 9468, 1998 WL 234617
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 12, 1998
Docket97-1810
StatusPublished
Cited by55 cases

This text of 144 F.3d 1024 (United States v. Kevin C. Ward) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Kevin C. Ward, 144 F.3d 1024, 1998 U.S. App. LEXIS 9468, 1998 WL 234617 (7th Cir. 1998).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

Kevin Ward was arrested at the Greyhound bus terminal in Indianapolis when he attempted to claim a bag made to look like one that he had checked onto a bus in Los Angeles. As he soon discovered, the authorities had taken the real bag off the bus in Springfield, Missouri, subjected it to a canine sniff and, pursuant to a search warrant obtained after the dog “alerted” to the bag, opened it to discover a kilogram of cocaine and a loaded firearm inside. Ward eventually was convicted of attempting to possess cocaine with the intent to distribute. See 21 U.S.C. §§ 841(a)(1), 846. Ward contends that the contents of the suitcase should have been suppressed because the authorities lacked grounds to remove the bag from the luggage compartment of the bus in Springfield and submit it to the nose of the narcotics detection dog. We disagree and find no violation of the Fourth Amendment under the circumstances presented. We also find no error in the refusal to grant Ward a reduction in his offense level for being a minor participant in the offense. See U.S.S.G. § 3B 1.2(b).

I.

On the morning of August 31, 1992, Ward purchased a bus ticket for travel from Los Angeles to Indianapolis via the Greyhound “LA Express”. Ward checked a brown “World Traveler” brand suitcase with a baggage handler and received a claim ticket for the bag. The Greyhound identification tag on the bag bore the name “Eric Ford,” a South Central Los Angeles address, and a Los Angeles area code (213) but no local telephone number. The bag was subsequently placed in the luggage compartment of the bus, which is accessible only from the exterior of the vehicle. Ward himself never boarded the bus, however. Instead, he flew to Indianapolis the following day, September 1, when the bus and bag were scheduled to arrive.

The LA Express left Los Angeles as scheduled on August 31. At approximately 8:35 a.m. 1 the following day, the bus arrived in Springfield, Missouri for a thirty-minute meal stop. This was the last scheduled stop prior to St. Louis, where someone bound for Indianapolis would have had to change buses. Since at least the beginning of 1992, the federal Drug Enforcement Administration in conjunction with local law enforcement personnel had been interdicting buses traveling through Springfield from the west and inspecting passengers and their luggage. Drug couriers apparently frequented the eastbound bus routes passing through Springfield. Thus, DEA Special Agent Carl Hicks and Springfield Detective Mark Deeds were waiting for the LA Express when it arrived on September 1 and commenced an inspection after the bus arrived.

During the stop, Deeds began to question Andre Adams, one of the passengers on the bus. Deeds became suspicious of Adams and requested permission to search Adams’ Ricardo of Beverly Hills garment bag. Adams consented. While Deeds was examining the contents of that bag, he noticed a matching bag in the overhead compartment above Adams. Adams denied that the bag was his, however, as did every other passenger on the bus. (The bag identification tag bore the name “Lisa Williams.”) Deeds decided to search the second bag, and inside he discovered two kilograms of cocaine. Adams was arrested and taken off the bus into the bus station.

After the cocaine was discovered in the carry-on bag, Special Agent Hicks decided to inspect the luggage in the baggage compartment underneath the passenger cabin to determine whether Adams had checked any other bags onto the bus. Hicks was a twenty-year veteran of the DEA and had been working on common-carrier interdictions for the previous five years. During his inspee *1028 tion of the luggage compartment, Hicks’ attention became focused on a World Traveler suitcase. The Greyhound identification tag on the suitcase bore the name “Eric Ford.” Hicks said that he became interested in the bag because the tag bore an address located in South Central Los Angeles, which (based on his prior work in Los Angeles) he knew to be a high-crime area of the city. He also noticed that the tag included an area code but not the local telephone number. Hicks knew by this time that Adams had boarded the bus in Los Angeles, and, thinking that the bag might be his, Hicks took the bag out of the luggage compartment and showed it to Adams. Adams said that the bag was not his, however. Hicks subsequently displayed the bag to the other passengers on the bus, but none claimed ownership of the bag. In fact, a tag on the bag indicated that it was checked through to Indianapolis, but when Hicks checked the passenger tickets in the bus driver’s possession, he found no ticket for a passenger bound to Indianapolis.

Based on his drug interdiction experience, Hicks knew that it was a common strategy for a drug courier to purchase a bus ticket and check luggage containing drugs with the bus line for transport in the main luggage compartment of the bus. With the luggage in the custody of the bus company, the courier would then travel to his destination by another means. When the bus arrived at that destination, the courier would claim the bag only after he had satisfied himself that the authorities were not showing any interest in him or the bag. If his suspicions were aroused, the courier would simply leave the bus terminal without claiming the luggage. Because the courier himself had not traveled on the bus, the authorities presumably would have a more difficult time connecting the contraband to him. During the eight months that he had been inspecting buses in Springfield, Hicks had discovered unattended bags containing drugs approximately twice each week. Hicks was also under the impression that Greyhound had a policy prohibiting a ticketholder from checking a bag onto the bus if he himself was not going to travel on the bus. 2

Hicks decided to subject the World Traveler bag to inspection by a narcotics detection dog. Until this point, the interdiction of the LA Express had caused no delay in the scheduled departure of the bus. Hicks had no narcotics detection dog at his ready disposal, however, and instead had to telephone a request to the Springfield police department. “Preston” was the only dog available that day, and Preston and his handler did not arrive at the bus station until approximately 10:30 a.m. The bus, meanwhile, had proceeded on its way to St. Louis at 9:00 or 9:15 a.m. without the bag. When the bag was presented to Preston, he “alerted” to it, indicating that it contained narcotics.

Hicks obtained a warrant to search the bag and inside discovered a kilogram of cocaine and a Glock Model 22 semi-automatic handgun loaded with hollow-point ammunition. 3 Hicks then contacted DEA agents in Indianapolis and had them prepare a lookalike bag to present to whomever might claim the suitcase. After several telephone calls to confirm the arrival of the bus in Indianapolis, Ward showed up at the terminal and presented his claim ticket. A DEA agent posing as a baggage handler gave him the dummy bag. Ward took the bag and turned to leave, but quickly realized that something was amiss. He told the agent that the bag was not his, took his claim ticket back, and left the terminal having refused to complete a form for lost luggage. He was caught and arrested.

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Cite This Page — Counsel Stack

Bluebook (online)
144 F.3d 1024, 1998 U.S. App. LEXIS 9468, 1998 WL 234617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kevin-c-ward-ca7-1998.