United States v. Rafael Soriano

482 F.2d 469
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 3, 1973
Docket72-1520
StatusPublished
Cited by36 cases

This text of 482 F.2d 469 (United States v. Rafael Soriano) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Rafael Soriano, 482 F.2d 469 (5th Cir. 1973).

Opinions

GODBOLD, Circuit Judge:

The government appeals from a pretrial order suppressing the fruits of two searches, a warrantless search of three suitcases outside the entrance to the Miami International Airport and a search under warrant of a house. Presumably the government bases its right to appeal on § 14 of Title III of the Omnibus Crime Control Act of 1970, 18 U.S.C. § 3731. We have considerable doubt whether we should review' the order, but we do so with the aim that our caveat below1 may give some guidance for future cases, and without any commitment on our part to review future pretrial suppression orders in a like posture. We conclude that the District Court correctly found the searches of the suitcases to be illegal but that it erred in suppressing fruits of the house search.

On December 17, 1971, federal narcotics agents received word from Sarah Cook that persons whom she knew as Freddie, Rafael, and Argentine were expecting a large shipment of narcotics. Cook previously had been a reliable informant to the FBI, and that agency had put her in touch with narcotics agents concerning this particular information. About 2:00 p. m. on January 4, 1972, Cook reported to a narcotics agent that she had been to the house of defendant Ana Rose Betancourt, had asked Betancourt whether the narcotics were in, and Betancourt had said “the stuff was in.” Cook related that on this occasion she saw defendants Alfredo Aviles (“Alfredo”) and Marta Sierra in Betan-court’s house.

Agents promptly placed the Betan-court residence under surveillance, and at approximately 4:00 p. m. of the same day they observed Alfredo and Sierra leave the house carrying a brown trash bag, enter a car, and place the bag on the seat. Alfredo drove the car a few blocks away to a point where Sierra deposited the bag in a trash receptacle. An agent retrieved it. Inside were clear plastic bags and torn Christmas wrapping paper, each containing traces of a white powder which, on field test, was disclosed to contain an opium derivative. Later in the afternoon Cook told agents she had just left the Betancourt residence; that inside were Betancourt, Sierra, Angel Aviles (“Angel”), Rafael Soriano, and Edward Arroyo; that she had seen suitcases and Christmas packages there; and that the parties had been whispering to each other.

[472]*472The agents continued their surveillance of the Betancourt residence. At 10:00 p. m. on January 4 they observed defendants Angel, Domingo Colon,' and Soriano exit the Betancourt residence carrying three large suitcases. They entered a taxicab which agents followed to the entrance of the Miami International Airport. Acting without a warrant, the agents stopped the cab on the ramp outside the Airport entrance, arrested the passengers, opened the cab’s trunk, and removed the suitcases. After the cab and the arrestees had been removed from the ramp the agents opened the suitcases, searched them, and seized plastic bags of white powder that are in part the subject of the pretrial motion to suppress.

Meanwhile other agents had been preparing affidavits and securing a .warrant pursuant to which they planned to search the Betancourt residence. Between 11:00 and 11:30 p. m. an agent appeared before a magistrate who signed the search warrant, and the house was searched when an officer arrived with the warrant. The search produced evidence that defendants seek to suppress.

1. The suitcase search

The agents had probable cause to believe that the occupants of the taxicab were carrying narcotics in their suitcases, and appellees do not seriously contend otherwise. The agents were justified in opening the trunk and removing the suitcases under Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970), and its progeny in this circuit.2 The intrusion into the cab’s trunk met the criteria for warrant-less vehicular searches set out in Coolidge v. New Hampshire, 403 U.S. 443, 460, 91 S.Ct. 2022, 29 L.Ed.2d 564, 579 (1971). Under the circumstances the officers could legitimately seize these suitcases — they were not required to leave them in the cab or on the sidewalk to be taken away or to disappear. War-rantless temporary detentions of containers that officials have probable cause to believe contain contraband, such as parcels in transit, have been approved by the Supreme Court when demanded by the exigencies of the situation. See, e. g., United States v. Van Leeuwen, 397 U.S. 249, 90 S.Ct. 1029, 25 L.Ed.2d 282 (1970). The crucial question before us is whether the agents, having seized the suitcases, could open and search them of whether, while retaining them in their dominion and control, they were required to appear before a magistrate and seek a warrant to examine them.

Indubitably the suitcases were “effects” within the fourth amendment’s protection of “[t]he right of the people to be secure in their persons, houses, papers, and effects.” To justify a warrantless search the government must fit it within an established exception. “[S]earches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well-delineated exceptions,” and “the burden is on those seeking the exemption to show the need for it.” Coolidge v. New Hampshire, supra, 403 U.S. at 454-455, 91 S.Ct. at 2030, 29 L. Ed.2d at 576.3 As Justice Jackson ex[473]*473plained in Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 (1948), with characteristic clarity:

The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. . . . When the right of privacy must yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or Government enforcement agent.

Id. at 13-14, 68 S.Ct. at 369, 92 L.Ed. at 440. We must therefore analyze the reasons advanced by the government toward fulfilling its burden and determine if the warrantless search of the suitcases fits within one of the well-defined exceptions to the fourth amendment’s warrant requirement.

At the threshold we put aside as inapplicable several theories sometimes advanced to justify warrantless searches of such personal effects as handbags, suitcases, billfolds, or briefcases. The government does not argue that the search was legitimately incident to a lawful arrest under Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).4 Nor does the government claim that the search was valid under the plain view doctrine 5 or under the theory of abandonment,6 and, appro[474]

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Bluebook (online)
482 F.2d 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rafael-soriano-ca5-1973.