United States v. Ogunbola

910 F. Supp. 500, 1996 U.S. Dist. LEXIS 156, 1996 WL 5524
CourtDistrict Court, D. Oregon
DecidedJanuary 4, 1996
DocketCR No. 95-362-FR
StatusPublished

This text of 910 F. Supp. 500 (United States v. Ogunbola) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ogunbola, 910 F. Supp. 500, 1996 U.S. Dist. LEXIS 156, 1996 WL 5524 (D. Or. 1996).

Opinion

OPINION

FRYE, Judge:

The matters before the court are 1) the motion of the defendant, Adebayo Oladapo Ogunbola, to suppress (# 11); and 2) the motion of the defendant, Charles Oliver Olu, to suppress evidence and statements (# 13).

BACKGROUND

On September 13, 1995, a federal grand jury returned an indictment against the defendants, Adebayo Oladapo Ogunbola and Charles Oliver Olu, charging:

On or about the 29th day of August, 1995, in the District of Oregon, defendants ADEBAYO OLADAPO OGUNBOLA and CHARLES OLIVER OLU, knowingly and with the intent to defraud, and knowingly aiding and abetting each other, did use and attempt to use counterfeit access devices in or affecting interstate commerce; that is, counterfeit MasterCard and VISA cards and credit card account numbers which did not belong to defendants.
All in violation of Title 18, United States Code, Sections 2, 1029(a)(1), and 1029(b)(1).

FINDINGS OF FACT

On August 29, 1995 at approximately 1:20 p.m., Sergeant Randall Schleining, an officer with the West Linn Police Department, was on duty in his patrol car and had stopped at the intersection of Walnut Street and Sunset Avenue in West Linn, Oregon. Officer Schleining observed a red Buick Regal automobile driven by defendant Olu, a black man, with a passenger, defendant Ogunbola, also a black man, proceeding toward him on Sunset Avenue.

Officer Schleining observed that the vehicle driven by defendant Olu was traveling at a speed of approximately 45-50 miles per hour in a zone posted for 25 miles per hour. Officer Schleining followed the Buick Regal as the driver made several turns in what appeared to Officer Schleining to be an effort “to lose” his patrol car.

Officer Schleining intended to cite the driver of the Buick Regal for speeding, but before he was in a position to activate his overhead lights, the driver of the Buick Regal stopped the vehicle at a convenience store located in West Linn, Oregon. The passenger, defendant Ogunbola, got out of the vehicle and went into the store. The driver, defendant Olu, remained in the vehicle.

Officer Schleining pulled his vehicle close to the Buick Regal and walked over to defendant Olu. He asked to see his driver’s license. Defendant Olu stated that he did not have a driver’s license because he had left it in the State of California; that he did not have any identification; and that he lived in the State of New York, but he did not know his address. Officer Schleining asked defendant Olu for his name, and defendant Olu answered that it was Kenneth Born. Defendant Olu explained that he was from Great Britain, and that he did not have a passport with him. Officer Schleining asked who owned the car, and defendant Olu answered that it was a rental car. Officer Schleining asked to see the rental agreement. Defendant Olu reached over and opened the glove box, but immediately closed the glove box indicating that the passenger, defendant Ogunbola, had the rental agreement. Before the glove box had been closed, Officer Schleining observed bundles of cash in the glove box.

The passenger, defendant Ogunbola, returned to the vehicle with two soft drinks and sat down in the passenger’s seat. He did not close the car door. Defendant Ogunbola appeared to Officer Schleining to be extremely nervous and fidgety. Officer Schleining observed that even though it was [502]*502a warm day, defendant Ogunbola was wearing a jacket which he frequently adjusted and readjusted as he sat in the car.

Officer Sehleining asked the driver, defendant Olu, if he would get the rental agreement from defendant Ogunbola now that he had returned to the vehicle. Defendant Ogunbola opened the glove box and removed the rental agreement from under the bundles of cash. On the basis of the conduct of both of the defendants and the presence of a large amount of cash, Officer Sehleining became suspicious that the money might be related to some kind of illegal narcotics transaction. Officer Sehleining called the police station for assistance. Officer McClintoek responded to the call for assistance.

Officer Sehleining reviewed the rental agreement and determined that the Buick Regal had been rented to one Kenneth Born under what appeared to be a New York driver’s license. Officer Sehleining asked a police dispatcher to check the number of the driver’s license with the records of the Department of Motor Vehicles of the State of New York. Officer Sehleining was informed that this driver’s license was not valid in the State of New York.

After Officer McClintoek arrived, Officer Sehleining again asked defendant Olu, the driver of the vehicle, if he had any identification. Defendant Olu handed him a wallet which had nothing in it. Officer Sehleining placed defendant Olu under arrest, pursuant to O.R.S. 807.570, for failing to carry a driver’s license. Officer Sehleining advised defendant Olu of his Miranda rights and asked him if he understood them. Defendant Olu stated that he understood his rights, and then told Officer Sehleining that his true name was Charles Oliver Olu. Defendant Olu indicated that he was in the Portland area for a job interview, but that he did not know the name of the company to which he was applying for the job; that he did not know anything about the cash in the glove box; and that he did not know his passenger’s name since he had only met him a few days earlier. Officer Sehleining placed defendant Olu in a patrol car.

Officer Sehleining then told defendant Ogunbola that although he had not placed him under arrest, the questions he intended to ask him could relate to criminal activity. He then advised defendant Ogunbola of his Miranda rights and asked him if he understood those rights. Defendant Ogunbola indicated that he understood his Miranda rights and then volunteered that the money in the glove box belonged to him. Defendant Ogunbola stated that he had closed a bank account in the State of Georgia on August 21, 1995 and had received $19,000 from that account. He stated that he had approximately $10,000 of the money left. Defendant Ogunbola stated in response to Officer Sehleining’s questions that he had no receipts, identification, or anything with his name on it. Defendant Ogunbola stated that his name was Adebayo Ogunbola, and that he was a citizen of Great Britain. He said that he had known defendant Olu for about one year having met him in England.

Officer Sehleining asked defendant Olu if he could search the car. Defendant Olu gave him permission to search the car.

Prior to obtaining defendant Olu’s consent to search the vehicle, Officer Sehleining had called the police station and requested the use of a dog that was trained to detect the odor of illegal drugs. A dog from the West Linn Police Department was brought to the scene. Based upon the permission that defendant Olu had given to search the ear, the dog was allowed to “sniff’ the car. The dog vigorously scratched at the trunk area of the car and at the bottom of the glove box which still contained the cash. The dog had demonstrated the same behavior many times over the past four years when she located the odor of narcotics. Officer Sehleining believed at that point that defendants Ogunbola and Olu were trafficking in narcotics.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Schneckloth v. Bustamonte
412 U.S. 218 (Supreme Court, 1973)
United States v. Louis Corona, Iii, Etc.
661 F.2d 805 (Ninth Circuit, 1981)
United States v. Chong in Kim
25 F.3d 1426 (Ninth Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
910 F. Supp. 500, 1996 U.S. Dist. LEXIS 156, 1996 WL 5524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ogunbola-ord-1996.