United States v. Richard

732 F. Supp. 656, 1990 U.S. Dist. LEXIS 2702, 1990 WL 26143
CourtDistrict Court, W.D. Virginia
DecidedMarch 8, 1990
DocketCrim. A. No. 89-00110-R/H
StatusPublished
Cited by2 cases

This text of 732 F. Supp. 656 (United States v. Richard) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Richard, 732 F. Supp. 656, 1990 U.S. Dist. LEXIS 2702, 1990 WL 26143 (W.D. Va. 1990).

Opinion

MEMORANDUM OPINION

MICHAEL, District Judge.

This case is currently before the court on the defendants’ joint motion to suppress evidence and statements allegedly taken from them in violation of their constitutional rights, and upon the motion of Raymond [658]*658Sinclair to dismiss the indictment against him. An evidentiary hearing was held on this matter on February 28, 1990.

I

In July of 1989, Officer Scott Cline of the Waynesboro, Virginia police department was engaged in undercover investigation into drug dealing in the Waynesboro area. At the time, Cline had been a Waynesboro police officer for somewhat over two years and had been a narcotics investigator for approximately two months. On July 26' 1989, Cline received several calls from an informant named “Jim,” 1 who was incarcerated in the Augusta County Jail. Gline had never worked with Jim before, though another officer had worked with him and had told Cline that Jim was reliable. Also incarcerated in the Jail along with Jim was the defendant Levy. Cline was posing as a local drug dealer who was going to help Levy in a plan to sell some crack cocaine. The purpose of the sale was to obtain money with which to secure Levy’s release on bail. Jim acted as an intermediary between Cline and Levy. The conversations between Cline and Levy were tape recorded and transcribed.

During the course of these conversations Levy made the following statements:2

“My boys are suppose[d] to be coming down tomorrow with a half.” (Transcript 1, p. 4). By “half,” Levy meant half a kilogram of cocaine. A substantially similar statement is made by Levy at Transcript 3, p. 2.

Levy stated that his boys were to “reach down there [Waynesboro] sometime tomorrow.” (Transcript 3, p. 2).

As to the arrival time Levy stated, “well I don’t know what time the bus leaves. But they be down here tomorrow night.” (Transcript 3, p. 4).

In response to Cline’s question as to whether the boys were bringing “it” on the bus, the following colloquy took place:

Levy: Yea.
Cline: Man that’s scary. Do they got a good way to bring it?
Levy: Yea, don’t worry about it man, it’s going to be down here.
Cline: Alright.
Levy: Because that stuff is going to be bigger than the one in the radio.
Cline: Alright.
Levy: Better than that.
Cline: Is it going to be ready rock?
Levy: Ready, ready.

In referring to his boys Levy stated, “if they don’t know you, they not going to deal with you. But it’s Jamaicans, I’m a Jamaican. You know what I’m saying?” (Transcript 3, p. 2).

The following statements, while specifically related to the first transaction, also have some bearing on the transaction giving rise to the present case.

Both Jim and Levy stated that a local drug figure named “Ace,” whom Cline was to retrieve the drugs from, had a girlfriend named Lisa. (Transcript 2, p. 1).

Levy told Cline that Cline was to tell Ace to “take the thing out of the radio and give it to you [Cline],” (Transcript 2, p. 2), and that Cline was to tell Ace that “Maurice sent you [Cline] from New York.” (Transcript 2, p. 2).

In response to the conversations with Levy, Cline obtained a schedule for buses arriving in the Waynesboro area from New York. On the basis of this schedule Cline concluded that Levy’s associates would be arriving on either a 12:35 p.m. bus in Waynesboro, a 1:30 bus in Staunton, or another bus arriving later in the evening in [659]*659Waynesboro. Cline arranged for officers of the Staunton Police Department to maintain surveillance of the Staunton bus station during the arrival of the 1:30 bus, while Cline and officers Weaver and Miller of the Waynesboro Police Department were going to observe the arrival of the 12:35 bus. Cline also alerted the State Police K-9 unit that the services of a drug sniffing dog might be needed.

When the 12:35 bus arrived Cline observed four black males exit. At the time, Cline was in line at the station posing as a passenger waiting to board the bus; he was close enough to overhear the conversation between the black males and noted that they were speaking with Jamaican accents. Cline also observed that two of the men were wearing beepers which, through his experience, he associated with drug dealers. Cline then boarded the bus and asked the driver where the black males had come from; the driver responded that all of them had come from New York. Cline then left the bus and joined officers Weaver and Miller in their vehicle.

The three police officers followed the black males as they made their way along a public street. The men were walking in two groups of two with some distance between the first group and the second group. When the men reached an area known as the “Farmer’s Market lot” the police pulled their car between the first group and the second group and ordered the men to stop. The time was approximately 1:00 p.m. Officers Cline, Miller and Weaver exited the vehicle with their weapons drawn; Cline and Weaver had revolvers and Miller was armed with an AR-15 semi-automatic assault rifle. Most of the suspects were carrying luggage and defendant Richard was carrying a large, portable radio. Cline identified himself and the other men as police officers and told the four to put down their bags. After they had dropped their bags Cline ordered the men to move over and put their hands on the car. A pat down search of each of the four men was then conducted. No weapons were revealed. Cline then asked the men where they were going, to which one responded that they were “going to Lisa’s,” which Cline knew from Levy to be the name of the girlfriend of a drug dealer associated with Levy. In response to a question from one of the suspects as to what was going on, Cline stated that he suspected that they had drugs.

In the interim the State Police had been notified and a drug sniffing dog and its handler, Special Agent Allen, had been dispatched to the scene of the stop. While waiting for the dog to arrive Cline moved the belongings of the men, including the radio, so that they were in a line and each item was separated from the next. Allen testified that when the dog arrived it was excited and it required some effort on Allen’s part to relax the dog and get it to “go to work.” The first pass by the bags proved unsuccessful; after calming the dog a second pass was made. Allen testified that during this second pass the dog responded as if there were narcotics in the area. Finally, on the third pass, the dog “alerted” to the radio.

Cline then asked to whom the radio belonged. None of the men claimed it. In response to questions directed specifically at them Richards responded, “no,” that it was not his, and Sinclair responded, “no, I was carrying the bag.” At this point the four suspects were placed in a police vehicle and transported to the Waynesboro police station. The time that elapsed from the initiation of the stop to the point at which the suspects were placed into the police vehicle was approximately fifteen to twenty minutes.

At the police station the suspects were “kept on ice” while Cline obtained a search warrant to open the radio.

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Related

People v. Smith
13 P.3d 300 (Supreme Court of Colorado, 2000)
United States v. Raymond Franzwa Sinclair
983 F.2d 598 (Fourth Circuit, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
732 F. Supp. 656, 1990 U.S. Dist. LEXIS 2702, 1990 WL 26143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richard-vawd-1990.