Webb v. State

720 P.2d 953, 1986 Alas. App. LEXIS 262
CourtCourt of Appeals of Alaska
DecidedJune 20, 1986
DocketNo. A-1050
StatusPublished
Cited by1 cases

This text of 720 P.2d 953 (Webb v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Webb v. State, 720 P.2d 953, 1986 Alas. App. LEXIS 262 (Ala. Ct. App. 1986).

Opinion

OPINION

BRYNER, Chief Judge.

Donal Michael Webb appeals after being convicted on his plea of no contest to a charge of possessing approximately four- and-one-half pounds of marijuana with intent to distribute, in violation of AS 11.71.-040(a)(2) (misconduct involving a controlled substance in the fourth degree). Webb argues on appeal that the superior court erred in denying his motion to suppress evidence.1 We affirm.

On July 25, 1984, an employee of Purolator Express Service in California, during a routine inspection, discovered marijuana in a package being sent from Paintlick, Kentucky, to Anchorage. The package was addressed to Mike Webb and listed an Anchorage address and telephone number. Purolator contacted police officers in California, who in turn contacted the Alaska State Troopers, related the circumstances, and shipped the package to them in Anchorage. Alaska State Trooper Sergeant Dally received the package on July 27. He opened it, photographed its contents: nine baggies containing a total of approximately four-and-one-half pounds of marijuana. After resealing the package, Dally turned it over to Purolator’s agent in Alaska, DHL. He then contacted Webb at the telephone number listed on the package and told him a package had arrived.

Webb soon appeared at the DHL office and claimed the package. He placed it, unopened, in his car and drove away. Af[955]*955ter a short distance, Webb was stopped by three troopers. Sergeant Dally ordered Webb out of his car, advised him of his Miranda rights, and asked for his driver’s license. The other troopers apparently frisked Webb for weapons. The package, still unopened, was seized from the car. It was later reopened, and chemical testing confirmed that its contents were marijuana.

After being stopped, advised of his rights, and patted down, Webb was told he was not under arrest. When he asked to have his driver’s license back, however, he was informed that it would not be returned unless he accompanied the troopers to their airport office to make a statement. Webb agreed to go. He drove to the airport in his own car, with trooper patrol cars in front of and behind him.

Upon arrival at the airport, Webb was taken to the troopers’ office. There, after being readvised of his Miranda rights and being again informed that he was not under arrest, Webb told the troopers that the package contained marijuana, which he had ordered sent to him with the intent to resell it in Anchorage. After completing his statement, Webb was given his license and allowed to leave.

Prior to trial, Webb moved to suppress all of the evidence in the possession of the Alaska State Troopers on the ground that it had been seized without a warrant and without probable cause. Webb also moved to suppress all statements he had made on the ground that the statements were fruits of his unlawful seizure and detention. Alternatively, Webb contended that his statements were not voluntary. After a hearing, Superior Court Judge Karl S. John-stone denied Webb’s suppression motion.

On appeal, Webb challenges the validity of the Alaska State Troopers’ warrantless inspections of the package containing marijuana. He argues that, because the troopers had the time and the opportunity to obtain a search warrant for the package— both after initially receiving it from California and after seizing it from Webb’s car— they were required to do so.

We find, however, that the warrant-less searches of the package were justified under McConnell v. State, 595 P.2d 147, 152-55 (Alaska 1979), cert. denied, 444 U.S. 918, 100 S.Ct. 285, 62 L.Ed.2d 173 (1979). In McConnell, the Alaska Supreme Court adopted the “reassertion of control” doctrine first announced in United States v. DeBerry, 487 F.2d 448 (2d Cir.1973). The doctrine generally applies when a private person discovers a package containing contraband and turns it over to the police, who forward it to its destination for a controlled delivery. Under the doctrine, no warrant is required for the police to reseize and reopen the package at its destination, provided that the following criteria are met:

First, contraband must be placed in transit from one person to another. Second, the contraband must be initially discovered through lawful means, such as a search by a private person. Third, law enforcement officials must come into lawful possession of the contraband. Seizure of contraband after it is observed in plain view is one method of acquiring lawful possession. Fourth, authorities in possession must forward the parcel to authorities at the intended destination under controlled circumstances. Thus, the receiving authorities must have information enabling them to identify the parcel when it arrives, such as a description of the container and its contents. Fifth, the parcel must be under security or under reasonably continuous surveillance by authorities once it arrives at its destination. The reasonably continuous surveillance must continue after the consignee claims the container. Finally, any substantial break in the chain of custody will vitiate the lawfulness of the search.

McConnell v. State, 595 P.2d at 154-55.

In the present case, the conduct of the Alaska State Troopers in seizing and reopening the package that had been shipped from California falls squarely within the McConnell criteria. Because the troopers merely reasserted control over a package that had initially been lawfully seized and searched and had subsequently [956]*956remained under continuous police control or surveillance, no warrant was required, even though ample time may have existed to allow a warrant to be obtained.

Webb next argues that the troopers lacked probable cause for arrest when they stopped him and escorted him to their office at the airport. The state concedes that the circumstances surrounding Webb’s initial detention and his transportation to the airport supported the conclusion that Webb was in custody when he gave his statement to the troopers. In the absence of probable cause for arrest, Webb’s statement would thus be subject to suppression as the fruit of an unlawful arrest, even if he knowingly waived his rights and made the statement voluntarily. See Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983); Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

Webb’s contention that there was no probable cause for his arrest is predicated on the lack of specific evidence to indicate, prior to his stop, that he knew the package he had received contained contraband. Webb relies on Egner v. State, 495 P.2d 1272 (Alaska 1972), where the supreme court held that the defendant’s mere presence, together with other occupants, in a car containing an open package of drugs was insufficient evidence to support a conviction for knowing possession of the drugs.

We find Egner to be readily distinguishable from the present case. The court in Egner

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Related

Webb v. State
756 P.2d 293 (Alaska Supreme Court, 1988)

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Bluebook (online)
720 P.2d 953, 1986 Alas. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-state-alaskactapp-1986.