United States v. William W. Boden

854 F.2d 983, 1988 U.S. App. LEXIS 11532, 1988 WL 86529
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 10, 1988
Docket86-2701
StatusPublished
Cited by66 cases

This text of 854 F.2d 983 (United States v. William W. Boden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. William W. Boden, 854 F.2d 983, 1988 U.S. App. LEXIS 11532, 1988 WL 86529 (7th Cir. 1988).

Opinion

MANION, Circuit Judge.

Defendant William Boden was tried on stipulated facts without a jury and convicted of violating 18 U.S.C. § 842(a)(1), which makes it unlawful for any person “to engage in the business of ... dealing in explosive materials without a license.” He appeals from the district court’s order denying in part his earlier motion to suppress evidence the government seized and oral statements he made during an encounter with agents of the Bureau of Alcohol, Tobacco and Firearms (the Bureau). We affirm.

I. NATURE OF THE CASE

A. Prelude

The testimony at the suppression hearing and stipulations of fact subsequently filed by the parties tell the following. 1 Defendant Boden, a resident of Aurora, Illinois, was a federally-licensed gun dealer doing business as The Gun Lodge in Aurora. Bo-den did not have an explosives license or permit. See Title XI of the Organized Crime Control Act of 1970, 18 U.S.C. § 843. On August 1, 1975, Boden pleaded guilty in state court to illegally selling and possessing explosives.

In April, 1985, the Bureau, responding to a tip from one Robert Manella, began to investigate whether Boden was again selling explosives. Manella had known Boden for several years and had purchased guns from him. On June 18, 1985, at approximately 10:00 a.m., Manella, while wearing an electronic transmitter, spoke to Boden at The Gun Lodge. An agent of the Bureau, Douglas Moore, listened in. During that conversation, Boden agreed to sell to Manella two cases of M-80 explosives for $250 per case. M-80s are frequently used as firecrackers on the Fourth of July. Bo-den and Manella were to meet at a prearranged location at 8:00 that evening.

*985 After Boden’s conversation with Manella that morning, the government began both ground and aerial surveillance of The Gun Lodge. As Agent Gene Oitker testified at the suppression hearing, the purpose of the surveillance was “[t]o ascertain if Mr. Bo-den was going to make sales or deliveries of explosives.” At 6:05 p.m., the agents watching Boden observed him drive in a 1978 red Mercury station wagon to The Cedar Chest, a commercial self-storage facility in Winfield, Illinois.

Boden had rented a storage unit at The Cedar Chest, a facility which features seven buildings containing rows of walk-in storage units. The Cedar Chest rents to the public. The complex is surrounded by a six-foot fence, with barbed wire across the top. There is one entrance, through an electric sliding gate, and tenants and those they invite admit themselves by using a computerized key card; they then sign in at an office by the gate. On June 18, however, the entry system was broken, so the gate remained open. A sign prominently posted warned that if the management spotted any unauthorized person on the premises, they would call the police.

Boden entered and signed the facility’s daily access report. Glen DeVries, who owns The Cedar Chest, was in the office at the time.

At approximately 6:30 p.m. on June 18, an agent in an airplane observed Boden several times carry unmarked boxes from his unit to the rear of his station wagon parked nearby. The agent in the airplane relayed what he had observed to the agents on the ground. What happened next was subject to conflicting testimony.

B. The Government’s Version

According to the government’s version, at approximately 6:30 p.m., Agent Oitker heard on his radio that Boden had traveled to The Cedar Chest, had parked his car next to a storage unit, and was going to and from his car and the unit. Oitker knew Boden from previous encounters at The Gun Lodge and knew that Boden was a gun dealer. Oitker also knew that Boden had previously dealt in illegal explosives. In addition, Oitker knew that Boden had agreed to sell explosive devices to Manella that evening. Oitker was concerned that such devices might detonate by accident. As Oitker wrote in his report of the incident immediately afterwards:

Being concerned that no other personnel could obtain a sufficient vantage point to see exactly what Boden was doing, and being concerned for the safety and welfare of citizens in the nearby area in the event of an accidental detonation, I decided that I should approach Boden at this time.

Oitker drove through the open gate and into the complex. He drove his car past Boden’s to see what he was doing. He saw two rows of uniform cardboard boxes in the storage unit adjacent to Boden’s ear. Upon seeing Oitker, Boden rolled down the door to the storage unit. Agent Oitker got out of his car approximately 15 to 17 feet from Boden and his storage unit. Oitker then flashed his badge, in his own words, “to Mr. Boden’s face,” and approached him. Oitker testified at the suppression hearing that while he was armed with a .357 Magnum caliber revolver, he did not draw his weapon.- As he walked towards Boden, Oitker looked in Boden’s station wagon and saw more boxes similar to those he had seen in the storage unit. When Oitker reached Boden, he said “Hello, Bill,” and gave his full name and that of the government agency he represented. Agent Oitker then asked Boden what the cardboard boxes in the rear of his car contained, and Boden responded, “Fireworks.”

After Boden said he had fireworks in his car, Agent Oitker asked Boden whether he was armed. When Boden responded that he had a handgun in his right rear trouser pocket, Agent Oitker asked him to place his arms on top of his station wagon, which Boden did. Agent Oitker frisked Boden and removed a loaded .38 semi-automatic pistol from Boden’s right rear trouser pocket. Agent Oitker then escorted Boden away from his station wagon to his own car and placed Boden’s pistol in his car’s trunk.

*986 Agent Oitker then asked Boden whether he had any more weapons with him. Bo-den replied that he did not know but that there might be a weapon in his car because he sometimes carried one there. According to Oitker, Boden stated that he did not want the agents to think that he was armed with more than the one gun, and, as Oitker testified, “that I should go ahead and look for the other firearm to prove it was there or not there.” Thus invited, Oitker entered Boden’s car.

While searching Boden’s car for another weapon, which he did not find, Agent Oitker found on the floor beneath the front seat a form receipt book with numerous entries describing sales of M-80s. Agent Oitker took the sales book.

Agent Oitker then walked to the back of Boden’s car and again looked through the rear window. He counted 11 sealed boxes and a grocery bag. He opened the rear door and looked inside the grocery bag. He saw that the bag contained a number of smaller bags. Based upon his experience in investigating illegal sales of explosives, he believed that the smaller bags were packages of explosives. He opened one of the smaller bags and saw that it contained M-80 explosives. He asked Boden whether each box contained this type of device, and Boden confirmed that they did.

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

Related

United States v. Roger Pace
48 F.4th 741 (Seventh Circuit, 2022)
United States v. Oniel McKenzie
13 F.4th 223 (Second Circuit, 2021)
United States v. Jacob Lickers
Seventh Circuit, 2019
United States v. Eugene Sweeney
821 F.3d 893 (Seventh Circuit, 2016)
United States v. Gregory Wolfe
701 F.3d 1206 (Seventh Circuit, 2012)
Gutierrez v. City of Indianapolis
886 F. Supp. 2d 984 (S.D. Indiana, 2012)
United States v. Johnson
680 F.3d 966 (Seventh Circuit, 2012)
State v. Lakotiy
214 P.3d 181 (Court of Appeals of Washington, 2009)
Kosyla, Joyce v. City of Des Plaines
256 F. App'x 823 (Seventh Circuit, 2007)
United States v. Watkins, Shane T.
175 F. App'x 53 (Seventh Circuit, 2006)
State v. Butcher
44 P.3d 1180 (Idaho Court of Appeals, 2002)
United States v. Davis
185 F. Supp. 2d 942 (S.D. Illinois, 2002)
State v. Goetz
2001 WI App 294 (Court of Appeals of Wisconsin, 2001)
State v. Waters
780 So. 2d 1053 (Supreme Court of Louisiana, 2001)
United States v. Randall P. Scheets
188 F.3d 829 (Seventh Circuit, 1999)
United States v. Ricky A. Salyers
160 F.3d 1152 (Seventh Circuit, 1998)
United States v. Lenin M. Jerez and Carlos M. Solis
108 F.3d 684 (Seventh Circuit, 1997)
Thompson v. Johnson College
108 F.3d 1388 (Tenth Circuit, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
854 F.2d 983, 1988 U.S. App. LEXIS 11532, 1988 WL 86529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-w-boden-ca7-1988.