United States v. Whitehouse

922 F. Supp. 1, 1996 U.S. Dist. LEXIS 4789, 1996 WL 189479
CourtDistrict Court, E.D. Michigan
DecidedApril 11, 1996
DocketNo. 94-CR-80728
StatusPublished

This text of 922 F. Supp. 1 (United States v. Whitehouse) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Whitehouse, 922 F. Supp. 1, 1996 U.S. Dist. LEXIS 4789, 1996 WL 189479 (E.D. Mich. 1996).

Opinion

OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE AND STATEMENTS

ROSEN, District Judge.

I. INTRODUCTION

Defendant Sherri Lynn Whitehouse (“Defendant”) was arrested and subsequently in-[2]*2dieted on one count of possession with intent to distribute methamphetamine, a Schedule III controlled substance, after she was stopped by Drug Enforcement Agency (“DEA”) task force agents at Detroit Metropolitan Airport and found to be carrying the drug in a package taped around her waist under her clothing. Presently before the Court is Defendant’s Motion to Suppress the drug evidence seized by the agents and statements she subsequently made at a DEA field office.

The Court conducted a two-day evidentiary hearing on Defendant’s motion, during which the Court heard the testimony of the three drug task force agents involved in this matter: Wayne County Sheriff Jadié Settles, Michigan State Trooper Harold Reid, and Detroit Metropolitan Airport police officer Catherine Knott. Following the hearing, the Court granted Defendant leave to file a supplemental brief on the suppression motion, and the Government subsequently responded to this supplemental brief.

Having reviewed and considered the Defendant’s and the Government’s respéctive pre- and post-hearing briefs, and having further reviewed the testimony and other evidence presented at the evidentiary hearing on this matter, the Court is now prepared to rule on Defendant’s motion. This Opinion and Order sets forth that ruling.

II. PERTINENT FACTS

On July 18, 1994, Wayne County Sheriff Jadié Settles, a member of the DEA Detroit Metropolitan Airport Drug Task Force, received a telephone call from Chicago-based DEA Special Agent Scott Masumoto concerning possible drug trafficking by two persons travelling to Detroit, Albert Paille and Sherri Lynn Whitehouse.

According to Officer Settles, Agent Masu-moto advised her that Paille and Whitehouse were travelling from Los Angeles to Detroit on one-way tickets which had been paid for in cash. En route to Detroit, the couple had stopped in Chicago to change planes. Masu-moto informed Settles that the Chicago DEA agents had been told that Paille and White-house had acted suspiciously on the LA-to-Chicago leg of their flight, switching seats after boarding the aircraft. Agent Masumo-to further informed Settles that Paille was listed in NADDIS (the Narcotics and Dangerous Drugs Information System) as a suspected drug trafficker, and that he had previously been involved in the distribution of chemically-formulated drugs, including PCP and LSD.

Agent Masumoto told Officer Settles that, based on this information, he and fellow Chicago task force agents Frank Henry and James Hennelly went to the gate at O’Hare Airport where Paille and Whitehouse were scheduled to arrive. Paille and Whitehouse exited the plane together and proceeded down the airport concourse. Paille was carrying two black gym bags. While they walked through the concourse, both Paille and Whitehouse kept looking from side to side and Paille kept looking over his shoulder, in a nervous fashion.

According to Settles, Masumoto related that Paille and Whitehouse had voluntarily agreed to talk to the agents and had voluntarily provided their tickets and ID. Paille produced a Michigan Department of Corrections Inmate ID card, and Whitehouse produced a California driver’s license. They were thanked for their cooperation and told that they were in no trouble. The couple was further told that the agents were members of the Airport Drug Interdiction Group assigned to investigate drug trafficking from source cities like Los Angeles. They were then asked about their bags. Paille volunteered that the agent was welcome to search the bags.

Settles testified that Masumoto indicated that at this point, Whitehouse said she was suffering from diarrhea and needed to use the bathroom. Settles could not remember whether Masumoto specifically had stated that Whitehouse had said she was pregnant, or whether Masumoto merely stated that she looked like she was pregnant. Whitehouse was directed toward the restroom and, as she left, was asked by Paille, “Are you feeling OK, dear?” Whitehouse did not respond, but simply left for the restroom. Paille was asked if Whitehouse was his wife. Paille responded that, while she was only his girlfriend, she might as well be his wife.

[3]*3Paille was then asked if the agents could search the two gym bags, and he agreed. Agent Masumoto then opened the bags. Settles testified that Masumoto related that during the search, Paille appeared nervous when small zip-lock baggies were found among the contents of the gym bags. When asked what the baggies were for, Paille’s hands were shaking. He responded that the baggies were used for storing small knife blades.

Paille also consented to a pat-down search of his person. During the pat-down his hands continued to shake. "Whitehouse subsequently returned and told the agents that she felt much better. She was asked if she had any items on her and she said that she did not, and that she just wanted to sit down close to the restrooms. Masumoto told Officer Settles that "Whitehouse was not searched because they did not have a female agent on duty, and because Whitehouse had said she was sick. Whitehouse then headed for the departure gate for the flight to Detroit. Paille subsequently followed Whitehouse to the departure gate.

Masumoto then contacted the Detroit Metro Task Force at Detroit Metropolitan Airport, relaying to Officer Settles the information the Chicago agents had concerning Paille and Whitehouse. This information included a description of the couple and the Chicago agents’ observations of, and contact with, the couple.

Officer Settles relayed the information to the other officers in the Detroit Metro office, and then went with the other officers to the airport terminal to set up surveillance of the arrival of flight from Chicago.

Settles testified that Paille exited the plane first, and that "Whitehouse deplaned several moments later. Although Whitehouse and Paille had acted as if they were a “couple” in Chicago and had appeared to be travelling together, the two acted as if they did not know each other upon their arrival in Detroit. Paille walked two-thirds of the way down the concourse, and then returned to the gate area, looked around for several minutes (giving the appearance that he was expecting someone), and proceeded down the escalator to the baggage claim area. Whitehouse walked directly to the baggage claim area immediately after exiting the aircraft, without making eye contact with Paille. Neither Paille nor Whitehouse had checked any luggage. In the baggage area, the two were observed looking around frequently as though they were each looking for someone, but they still avoided contact with one another. Paille and Whitehouse then left the terminal through separate exits, each carrying . one of the black gym bags.

Agents Cathy Knott and Jadié Settles kept surveillance on Paille and made a “police-citizen contact” with him. Settles testified that they approached Paille, identified themselves, and asked if Paille would mind answering some questions. During this contact, Paille stated that he was travelling alone.

Meanwhile, Agents Anthony Norman and Harold Reid kept surveillance of Whitehouse as she left the baggage area. Agent Reid testified that Whitehouse appeared nervous.

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Bluebook (online)
922 F. Supp. 1, 1996 U.S. Dist. LEXIS 4789, 1996 WL 189479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-whitehouse-mied-1996.