United States v. Ward

928 F. Supp. 1423, 1996 U.S. Dist. LEXIS 8345, 1996 WL 328022
CourtDistrict Court, S.D. Indiana
DecidedJune 11, 1996
DocketNo. IP 92-0136-CR-01-T/F
StatusPublished
Cited by1 cases

This text of 928 F. Supp. 1423 (United States v. Ward) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ward, 928 F. Supp. 1423, 1996 U.S. Dist. LEXIS 8345, 1996 WL 328022 (S.D. Ind. 1996).

Opinion

ENTRY REGARDING DEFENDANT’S MOTION TO SUPPRESS

TINDER, District Judge.

This matter comes before the court upon the motion of the Defendant, Kevin Carlyle Ward (“Ward”), to suppress certain evidence relevant to this case under Rule 12(b)(3) of the Federal Rules of Criminal Procedure. The court, having considered the briefs and the arguments of the parties and having conducted a hearing on this matter, finds that the Defendant’s motion to suppress should be DENIED for the reasons set forth below.

I. Introduction

Law enforcement authorities cannot detain a traveler, nor the traveler’s accompanying luggage, in the absence of a reasonable, articulable suspicion of involvement in criminal wrongdoing. Even if detention is authorized, it can only last for a reasonable length of time. To hold the traveler or his luggage for more than a brief investigative period, probable cause is required. These are common themes, played out in all arenas of travel in these drug-infested times. This case, however, presents a slight variation on these themes, perhaps raising a new question — can luggage be treated any differently when the traveler and his luggage travel to the same ' destination by different means? This question will be explored in the instant entry. But first, the story of the journeys of Defendant Ward and a suitcase he claims must be told. The information on which this story is based is found in the affidavits submitted in connection with the parties’ briefs and a hearing held on a motion to suppress.

Some time prior to 9:00 a.m. on August 31, 1992,1 Ward came into possession of a brown “World Traveler” brand suitcase. On the date in question, the suitcase was found to contain a kilogram of cocaine and a .40 caliber Glock handgun. Ward now seeks to prevent the government from introducing the bag and its contents into evidence at trial. He also seeks to suppress the confession he gave when he realized that the United States Drug Enforcement Administration (“DEA”) [1426]*1426knew what was inside the bag.2 An evidentiary hearing and argument was held and the facts about what happened to the bag which were developed at the hearing will be discussed below. After determining these facts, the court will reach certain legal conclusions and give its reasons for denying the motion to suppress.

II. Findings of Fact

On or about August 31, 1992, Ward purchased a ticket in Los Angeles, California for a trip on a Greyhound bus known as the “LA Express.” The ticket authorized travel on that bus from Los Angeles to Indianapolis, Indiana. It was Greyhound’s policy to allow its travelers to carry two small bags or similar items onto the interior of the bus and to check up to two other items to be carried in the luggage compartment without any additional charge. The luggage compartment was located below the interior of the bus and was accessible only from the exterior of the bus. In order to check a bag for the luggage compartment, it would have to be brought to the station at least thirty minutes prior to the scheduled departure of the bus. Apparently, Ward checked the suitcase mentioned. above with a baggage handler for Greyhound some time prior to 9:00 a.m. on August 31. To all appearances, the bag looked like any other piece of luggage that was cheeked with Greyhound for that particular trip. The suitcase had an identification tag on the exterior listing the name of “Eric Ford, 840 E. 74th Street, L.A., CA 90001” with a telephone number containing only the area code prefix “213.” After checking the bag, Ward was given a claim ticket, numbered 51-69-23. Ward then left the Los Angeles Greyhound station without ever boarding the bus.

The LA Express was scheduled to travel east from Los Angeles and make various stops along the way.3 Most significant to this case, the bus was scheduled to stop in Springfield, Missouri at approximately 8:15 a.m. on September 1, 1992. The trip to Indianapolis was to be completed (via St. Louis, Missouri and other brief intermediate stops) at about 6:25 p.m. that same day.

Apparently Ward never intended to travel on the LA Express with his bag. Instead, he flew out of Los Angeles the next day — September 1, 1992 — to Indianapolis, arriving at approximately 3:00 p.m. His plan then was to retrieve the bag from Greyhound after it arrived. But, as will be seen, those plans went awry because of things that happened to his bag during its journey to Indianapolis.

After his arrival in Indianapolis, Ward, oblivious to the trouble his bag had encountered, made several calls to the Indianapolis Greyhound station to confirm the expected arrival time of the LA Express. During each of those calls, Ward was assured that the bus was running pretty much on time. Eager to obtain his bag and be on his way, Ward arrived at the Indianapolis Greyhound terminal at approximately 7:00 p.m. on September 1. He then presented his claim ticket for the bag and, after a brief delay, was handed a World Traveler suitcase which at first glance looked like his. However, just as the suitcase might have appeared innocuous to most observers, as the old saw goes, looks can be deceiving. For example, the man who handed Ward his bag appeared to be a Greyhound luggage handler; in fact, as Ward regretfully learned later, the man was not a baggage handler at all, but, instead, was an agent of the DEA. After being handed the bag, Ward turned to leave the station. However, he quickly realized that things were not as they initially appeared. The bag that he was handed was not his and he turned to point that out, meanwhile grabbing back his claim ticket. Ward then rushed out of the bus station, only to be immediately captured by the DEA. Special Agent Noel Gaertner placed Ward under arrest. Shortly thereafter, Ward confessed to being the person responsible for the bag and that he had intended to distribute the cocaine in it somewhere in the Indianapolis area.

[1427]*1427A man named Andre La Adams (“Adams”) also purchased a ticket on the LA Express in Los Angeles on August 31, 1992. Adams actually boarded the bus.4 Adams brought at least two bags with him to the bus which he carried into the interior of the bus. His bags were labeled with the brand name “Ricardo of Beverly Hills.” Adams kept a garment bag with him at his seat on the bus. The second Ricardo bag belonging to Adams was in the overhead storage rack above Adams’s seat on the bus. It would appear to a reasonable observer that both bags were manufactured by the same company, were of the same color, and had the same type of brass locks and appeared to have suffered about the same amount of wear and tear. Adams was scheduled to ride the Greyhound to St. Louis, Missouri.

At approximately 9:30 a.m. on August 31, 1992, the LA Express left Los Angeles as scheduled. Adams was on the bus with his two pieces of luggage. Also stored in the luggage compartment of the bus was Ward’s World Traveler bag. As that day and night wore on, the LA Express continued its journey to the midwest. At about 8:35 a.m. on September 1, 1992, the bus pulled into the Greyhound terminal at Springfield, Missouri.5

Apparently, Greyhound buses traveling from the West through Springfield had been used by drug couriers with some regularity to transport illegal controlled substances from Los Angeles to locations at or east of Springfield.

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Related

United States v. Kevin C. Ward
144 F.3d 1024 (Seventh Circuit, 1998)

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Bluebook (online)
928 F. Supp. 1423, 1996 U.S. Dist. LEXIS 8345, 1996 WL 328022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ward-insd-1996.