United States v. Martin

95 F. App'x 169
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 16, 2004
DocketNo. 02-6009
StatusPublished
Cited by2 cases

This text of 95 F. App'x 169 (United States v. Martin) 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. Martin, 95 F. App'x 169 (6th Cir. 2004).

Opinion

OPINION

McKEAGUE, District Judge.

D efendant-Appellant Jonathan Martin (“Martin”) appeals the district court’s denial of his motion to suppress statements and evidence seized by drug enforcement agents at the airport. For the following reasons, we VACATE the district court’s order denying defendant’s motion to suppress and REMAND for further proceedings consistent with this opinion.

I. BACKGROUND

On March 29, 2001, Rich Stewart (“Stewart”) and Tim Hawn (“Hawn”), Drug Enforcement Administration Task Force Officers, were conducting surveillance at the Nashville International Airport. On that day, Agents Stewart and Hawn were monitoring the front counters of Southwest and American Airlines for last minute ticket purchases to “source cities” for possible narcotics trafficking.

At some time between 10:30 am and 11:30 am, Stewart observed an African-American man and an African-American woman standing in the Southwest ticket line. Though these two individuals distanced themselves from each other and did not speak to one another, Stewart thought the two appeared to be together. After watching each individual make a separate reservation at the counter, Stewart observed the man pay with cash for both tickets.1 In addition, Stewart noted that the two individuals neither checked nor [172]*172carried any luggage. As a result of what Stewart believed was a cash transaction and the behavior of the two individuals at the ticket counter, he became suspicious and relayed those suspicions to Hawn.

After the agents observed the two individuals exit the airport, Stewart approached the Southwest ticket counter and questioned the ticket agent about the two individuals. The ticket agent informed Stewart that two one-way tickets to Houston, Texas were purchased with cash under the names of Tiffanie Dickson and Anthony Taylor for a flight scheduled to depart between forty minutes to one and a half hours from the time the tickets were purchased.2

The agents, after speaking with the ticket agent, proceeded to Gate C-21, the departure gate for the Houston flight. Stewart notified the ticket agent at Gate C-21 that he was awaiting the arrival of Dickson and Taylor. Stewart and Hawn then positioned themselves at different locations to monitor the area.

Shortly thereafter, Hawn observed an African-American woman later identified as Lachelle Woods (‘Woods”), and an African-American man later identified as Defendant-Appellant Martin approach Gate C-21. Hawn informed Stewart that while the two individuals did not resemble the two individuals who had made the ticket purchase at the Southwest counter, these two individuals also distanced themselves from one another though they appeared to be together. The two individuals approached the gate and checked in separately, while appearing to maintain an eye on each other. Hawn followed Woods to a nearby restaurant while Stewart sat near Martin in the Gate C-21 area.

Hawn, observing Woods, saw what he thought were bulges in the back of her pants when Woods’ jacket shifted upwards as she received a food tray from the clerk at the restaurant counter.3 Hawn then proceeded to inform Stewart that he believed that Woods was a “body packer,” at which point, Stewart told Hawn that these two individuals had checked in under the names of Anthony Taylor and Tiffanie Dickson. Hawn approached Woods, displayed his credentials, and asked her if he could talk with her about her travel plans. As Hawn and Woods moved from where she was sitting to another part of the restaurant, Hawn contacted Stewart again and informed him that he believed Woods was a body packer.

After Hawn informed Stewart that he had a body packer and that Woods and Martin were traveling together, Stewart, identifying himself as a narcotics agent, initiated contact with Martin and asked if Martin would speak with him. While Martin initially stated that he did not mind speaking with Stewart, Martin refused to provide his name when asked by Stewart. Stewart then informed Martin that Stewart believed that he was traveling under a false name and asked Martin to produce his ticket. Martin again refused to comply with the request. Stewart repeated that he believed Martin was traveling under a [173]*173false name. Martin again refused to respond and, according to Stewart, became loud and obnoxious.

Stewart then asked Martin to follow him to Gate C-20 so the two could talk. According to Stewart, Martin complied with the request and began walking, leaving his bag on the chair where he had been sitting. Stewart picked up Martin’s bag and the two men walked in the direction of the gate. When Martin noticed that Stewart had Martin’s bag, Martin became upset, complaining loudly to Stewart. Stewart informed Martin that if he continued to be loud, he would arrest him.

Martin, unsurprisingly, testified that events transpired differently. According to Martin, when he attempted to show Stewart identification, Stewart grabbed Martin’s bag and began walking in the direction of Gate C-20. As a result, Martin followed Stewart to confront him about taking his bag without his permission. Upon entering the gate, Stewart threw or placed Martin’s bag in a corner. Martin then attempted to call his attorney from his cellular phone but received a busy signal. As he was attempting to call his attorney a second time, Martin was instructed to put the phone away and did so.

After Stewart and Martin exchanged words, Martin was arrested for disorderly conduct4 and advised of his Miranda rights. At this point, according to Martin, he attempted to call his attorney again on his cell phone but Stewart ordered him to end the call and put the phone away. When Martin refused and told Stewart he wished to contact his attorney, Stewart took the telephone away from Martin. Stewart, however, testified that after he arrested Martin, Martin appeared to calm down and requested that the two move to a more secluded area.

Shortly thereafter, Stewart took Martin to the DEA office and read Martin his Miranda rights a second time. Martin waived his rights and admitted that he had a large sum of money in his possession, which was then seized by Stewart. In an interview with another agent, Martin confessed to having transported narcotics and illicit drug proceeds from Houston to Nashville since November of 1999.

Martin was indicted on April 12, 2001, on one count of unlawfully conspiring to distribute five kilograms or more of cocaine and one count of unlawfully possessing with the intent to distribute a quantity of 500 grams or more of cocaine. On May 3, 2001, Martin filed a motion to suppress any statements made by him as well as any evidence the agents had seized at the airport.5 On June 15, 2001, the district court held a suppression hearing on the motion during which agents Stewart and Hawn and defendants Martin and Woods provided testimony.

The district court denied Martin’s motion to suppress. In its opinion denying the motion to suppress, the district court noted the existence of conflicting testimony as to the encounter that occurred between Martin and Agent Stewart. However, the district court specifically noted that it did not find it necessary to provide two separate accounts of the encounter because the discrepancies were not material to the encounter. In those instances in which discrepancies existed, the district [174]

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Bluebook (online)
95 F. App'x 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martin-ca6-2004.