Search and Seizure Bulletin INDEX 1994 JANUARY — DECEMBER Month ‘ Month Abandoned Property Consent Form Read and Explained in Spanish Arrestee Claims Illegal Seizure, Nettles (WA) Apr Freyre (FL) Drugs Abandoned in Taxi, Scott (NY) / Consent Implied By Conduct, Brown (TX) Homeless Claim Program Adopted to Clean Up Streets Defendant Knowingly Waived His Rights Is Unlawful Seizure of Property, Joyce (CA) . Evidence Properly Admitted, Shane (IN) Officer Searches Parked Car and Finds Does Search of Juice Cortainer Pertain to Detention of Bullets, Barlow (TX) Illegal Alien?, Griffiths (NY) Suspect Denies Ownership of Drug Bag in Taxi Does Train Passenger in Sleeping Compartment Trunk, Perea (NY) Have Reasonable Expectation of Privac Girolamo (NM) Airport Search Driver Complains Consent Only Applies to Truck Arrestee Argues Officer Should Have Obtained Cab and Not Undercarriage Where Cocaine Was Warrant Before Search, Figueroa Cruz (PR) ‘ Found, Nicholson (UT) Drug Suspect’s Home Searched, Hidalgo (GA) Body Search Illiterate Suspect Claims She Did Not Understand Arrestee Tried to Swallow Evidence, Harris (NE) f Consent Fomm, Tavares (ei) Informant Summons Agents Did Consent Exist? Jachimko (IL) Border Search Iranian Nationals Searched Counterfeit Credit Agent Uses Suspects’ Nervousness to Justify Search, Cards Found, Tehrani (VT) Galloway (NM) Officers Created Exigent Circumstances Consent Border Agent Suspects Drugs in Gas Tank, Must Be Voluntary, Richard (LA) Rascon-Ortiz (NM) One Suspect Told Other Suspect to Cooperat« Border Checkpoint Stop Not Pretextual, Maestas (NM) With Police Consent Voluntar Suspect Claims Border Search Doctrine Applies to Arias- Villanueva (OR) Vehicles Only, Cardenas (TX) Roadblock-Type Search at Employee Parking McGann (IL) Canine Search Suspect Had Apparent Authority to Consent to Search Information on Canine Search Omitted From of Duffel Bag in Trunk of Car, Maristany (NJ) WaIr. ran« t, F° rost (P>A ) Suspect Handcuffed to Chair During Questioning Coercion?, Navedo-Colon (PR) Consent Suspect Refuses to Give Permission for Luggage Agents Ask Permission To Search Car — Was Driver’s Inspection, Lambert (KS) Consent Voluntary?, Hernandez (NY) } : Voluntary Consent to Search After DEA Ager Agents in Helicopter See Marijuana Patch Did Served Warrant at 6 a.m., Gilbert (MI) Owner Allow Police Search?, Cody (OK) .. June Warrantless Search for Siolen Firearms — Wife Allows Apartment Occupant Gives Verbal Consent Only Cohort to Retrieve Husband’s Gun, Lowe (CO) Was Search Illegal?, Martinez (KS) ..... I Wife Consents to Search if Husband Also Consents Bank Robbery Suspect Challenges Evidence Found Betts (IL) Before He Signed Consent Form, Gleason (IA) > Woman Consents to Search After Police Thri Can Rescued Victim Authorize Search of to Have Her Child Removed by Children Kidnapper’s Home?, Johnson (MI) Services Agency, Matteuci (OR) Publisher: E. Michael Quinlan, Esq. Managing Editor: James A. Bittker Group Editor: Stephanie Federico Associate Editor: Michael Handler, Esq. Assistant Editor: Elin Dugan Legal Editors: Carol Johnson Perkins, Esq., Michael T. Borruso, Esq The entire content of this newsletter is copyrighted by the publisher and may not be copied withoutp rior permission. Contact Copyright Clearance Cente photocopy for internal use. Contact publisher for other reprint requests. The publisher is not engaged in rendering legal or ther professiona statements and opinions of the writers or contributing editors. Case law and statutes change without notice from time to time and are c ften spe is not intended to be, nor should it be considered, a substitute for legal or professional advice rendered by a competent attorney or ther pr application of issues raised herein to your particular situation, seek the advice of a competent attorney or other professiona This bulletin is available on microfilm from University Microfilms Internationa Published by Q a BR (Search and Seizure Bulletin (ISSN 0037-0193) aR 23 Drydock Ave., Boston, MA 02210-2387 (617) 542-0048 Copyright © 1994 Page 2 January 1994 - December 1994 S.S.B. Month Month Page Drug Testing Police Search Couple’s Personal Belongings While Mandatory Urinalvsiso f Customs Emplovees, Investigating Nurse Suspected of Practicing Medicine National Treasury Employees Union (DC) ... Apr Without License, Hummel-Jones (MO) Seventh Grade Football Hopeful Refuses to Consent to Police Take Aerial Photographs of Marijuana In Drug Test, Acton (OR) Dec Greenhouse, Van Damme (MT) Police Use “Night Vision” Glasses to Observe Alleged Criminal Activity in Car, Wacker (OR) Electronic Device Suspect Used Tree to Hide Cocaine, Johnson (PA) Agents Wiretap Phones of Organized Crime Family Suspects Challenge Canine Search Expectation Members, Casso (NY) of Privacy, Lingenfelter (CA) Disruptive Student Objects to Videotape Made in Suspects Had No Standing to Challenge Search of Classroom, MR, by his next friend and Motor Vehicle, Vizcarra (AZ) father, RR (ND) Tenant Failed to Vacate Property Cleaners Find Is Tracking Device on Stolen Property an Invasion Drugs, Ramos (AL) of Thief’s Privacy? Nored (TX) Train Passenger Questioned in Room Drugs Found Marijuana Growing Operation Discovered Based on in Luggage, Little (NM) Thermal Imaging Surveillance, Ishmael (TX) Warrantless Search During Child Abuse Investigation Police Use Thermal Imager to Detect Marijuana Franz (KS) Growing Operation, Porco (WY) Was Use of Narcotics Dog Illegal?, Ludwig (NM) Entry Frisk Agents Stay in Suspect’s Apartment for 13 Hours Before Contraband Found During Protective Pat Down Search Warrant Is Issued, Leaks (NY) sl. Johnson (PA) June Force of Officer's Knock Opens Door, Kemp (DC) ..... . July Did Bulge in Pants Pocket Justify Frisk for Officer Enters Garage to Arrest Suspected Drunk Weapons?, Brooks (MO) Mar Driver, Baker (AZ) as ane ye wwe . .June Officer Frisks for Weapons, Searches Closed Officers Enter Motel Room Looking for Injured Container, Phillips (VA) Apr Person, Find Drugs Instead, Arch (IN) .. ‘ ...June Suspect’s Attitude Alerts Officer to Possible Risk, Officers Secure Apartment Before Obtaining Michelletti (TX) Dec Search Warrant, Sargent (OR) are oo. June Police Storm House Early in the Morning — Waking IHegal Search Woman and Her Children, Ward (NM) ............ Sept. Administrative Inspection Performed to Search for Stolen Vehicles, Proffitt (TN) P Aug Arrestee Claims Automobile Stop, Strip Search Exigent Circumstances Lacked Probable Cause, Cottrell (UT) Jan Does Federal “Knock and Announce” Law Apply to Did Exigent Circumstances Justify Apartment Search?, Local Police?, Murcer (DE) Dawkins (DC) eee Aug Gun Case In Plain View in Suspect’s Car, Did Government Participate in Search of Stolen Hendrix (PA) Files?, Knoll (NY) Aug Suspect Moves Drug Sale to New Location, Did Officers Exceed Scope of Warrant?, Parris (MO) Mittelman (CA) . Feb Does Improper Evidence Invalidate Warrant?, Expectation of Privacy Markling (WI) pane . June Arrested Auto Passenger Claims He Did Not Consent to Drugs, Firearms Seized During Search Was Search, Lewis (KS) iia , Warrant Invalid?, Ruiz (KS) Jan. Convicted Felon Leaves Weapons in His Mother’s Evidence Suppressed After Two Illegal Searches, Apartment, Burgess, (SC) ae Clark (NY) eT Jan Did Committee Have Right to Review Senator’s Involuntary Abandonment of Airport Luggage, Personal Diaries?, Packwood (DC) Mendez (TX) + Mar Did Driver’s Consent to Search Include Police Search Passenger Who Made Sudden Passenger’s Briefcase?, Infante-Ruiz (PR) Movement, Chism (NY) May Dog Alerted to Car and Motel Room Door, Prison Officials Strip Search Visitor, Looking for Drugs, Marlar (MS) ‘ Bp a ete ore Garcia (NM) wa Kor a ‘an May Is Mayor’s Appointment Book a Public Document?, Search Went Beyond Scope of Warrant, Abram (KS) Apr. Mancini (RI) esse see Suspect Was Not Free to Leave Train Car, Kidnapped Girlfriend Consents to Search of Her Own Car serrios (DC ) Apr for Evidence Against Kidnapper, Moore (NY) rds Oe Marijuana Grower Challenges Use of Infrared Device that Informant Shows Comparative Surface Temperatures, Affidavit Does Not Vouch for Confidential Informant’s Pinson (MO) ; Reliability, Fisher (TX) Police Observe Man Selling Drugs Stored in Agent’s Corroboration of Unknown Source Provides Telephone Pole, Meredith (NY) Probable Cause, Olson (MN) January 1994 - December 1994 P: Month Page Month Arrestee Asks Court to Disclose Suspect’s Identity, Narcotics Dog Detects Cocaine in Van After Higgins (ME) Informant’s Tip, Pasquarille (TN) Is First-Time Informant Reliable?, Bush (CT) Outdoor Marijuana Cultivation Supports Search of Is Informant’s Tip About Drugs in Foil- Wrapped Residence, Emmons (KS) Package Knowingly False?, Jett (MS) Parking Ticket in Homicide Victim's Car Linked to House of Suspect’s Sister Welborn (IL) Inventory Search Police Seize Money in Gambler's Safety Deposit Box Car Impounded Following Traffic Stop for Speeding, Schwabenland (TX) Harvey (MI) Suspect’s Fingerprints Found on Rape Victim's Door Impounded Car Searched a Week After Seizure, Haynes (AR) Decker (MI) Officer Flips through Suspect’s Notebook During Protective Search Inventory Sweep, Andrews (MS) Police Lift Mattress Was Scope of Search Search of Impounded Car One Month After Seizure Exceeded?, Crooker (MA) Gastiaburo (VA) Search of Impounded Car Two Months After Initial Roadblock Seizure, Casares-Cardenas (MN) Drunk Driver Challenges Random Vehicle Checkpoint at Air Force Base, Santiago (WY) Investigative Stop Troopers Set Up Checkpoint Without Authorization Dispute Over When Officer Seized Fleeing Suspect, Sanchez (TX) Perez (FL) Officers Believe Suspect Is Transporting Guns, Search Incident to Arrest Watts (MN) Did Inventory Search Violate Suspect’s Rights? Shelton (MO) Plain View Officer Arrests Driver for Not Having Insurances Agents Seize Evidence in Plain View During Finds Cocaine in His Pocket Vela (TX) Protective Sweep, Fuller (NY) Officer Stops Driver Who Had Suspended License Customs Agents Seize Office Documents Not Specifically Marijuana Found, Mans (TN) Listed on Warrant, Menon (NJ) Police Search Suspect’s Pocket, Make Inventory DEA Agent Finds Hidden Compartment Under Tractor Search of Truck’s Ashtrays Ponce (TX) Trailer, Diotte (NY) Is Empty Ammunition Box Relevant Evidence in Seizure Drug and Murder Case?, Cooper (IL) Oct Baggage Held Mor Than Two Hours Before Dog Officer Sees Driver Trying to Hide Cocaine Sniff $191,910 in United States Currency (CA) Sailor (CT) , Aug Drug Trafficker’s Luggage Contained 24 Kilos of Officer Sees Gun in Suspect’s Open Purse, Cocaine Was Seizure Justified? Loyd (iL) McKnight (MO) Aug Officer Notices Unidentifiable Chemical Smell Officers Used Ruse to Gain Entry to Apartment Illegal Seizure? McKneely (UT) Package in Plain View, Garcia (CA) Feb Officers Take Money From Airline Passenger Without Police Investigating Alleged Assault Discover Charging Him With Any Crime, $7,850 in United Weapon and Drugs, Spencer (NY) Apr States Currency (MN) Seizure and Search of Rifle Justified Under Plain Police Seize Sneakers Worn by Bank Robbery Suspect View Doctrine, Simpson (AZ) Sept Zanfordino (NY) Suspect Flees Moving Car Guns Left on Seat Seized, Safety Deposit Boxes Proper Notice Wilson (WI) Mar Giovanelli (NY) Tracking System Traces Holdup Suspect to Motel, Suspect Arrested Twice for Drug Possession Buchner (TX) June Argues Seized Evidence Should Be Suppressed Johnson (MO) Probable Cause Warrantless Search For Weapons Documents Affidavit Describing Drug Sales at One Location Seized Could Copies Be Made to Aid Foreign Used for Search at Another Location, Pitts (WA) Investigation?, Ramsden (CA) Convicted Dealer Claims Informant’s Information Warrantless Seizure of Trailer With Disputed Was Stale, Stiver (PA) Ownership, Smith (OK) Conviction for Child Pornography Upheld, Harvey (PA) . Student Search Government Agents Detain Occupants of House Student Has Bag of Cocaine in His Pocket, Serna (AZ) July During Search, Fountain (MI) Teachers Insist on Inspecting Students’ Bags Before Grocery Store Searched and Forfeited After Owner Excursion, Desilets (NJ) June Sells Drugs to Informant, One Parcel Property Located at 427 & 429 Hall St., Montgomery (AL) Traffic Stop Man Caught Delivering Drugs Cooperates With Automobile Search Did Police Have Probable Police to Bust Marijuana Growers, Bieri (MO) Cause to Stop Vehicle?, Stapleton (MS) Page 4 — January 1994 - December 1994 S.S.B. Month Month Drugs Found Under Car Seat — Were Driver’s Rights Pornographic Materials Seized — Was Warrant Violated?, Littlepage (AR) ‘ July Specific Enough?, Multi-Media Motorist Stopped for Broken Headlight — Canine Distributing Co. Inc. (IN) Sniff Indicates Drug Activity, Jeffus (NC) Nov. Probable Cause — Illegal Substances Found in Officer Finds Crack Cocaine in Glove Compartment Search of Residence, Lawson (OH) After Speeding Stop, Sharpe (KS) Oct Probable Cause Sufficient Evidence of Marijuana Officer Pulls Motorist Over for Driving Erratically Growing Operation, Burke (ME) Sees Gun, Lloyd (OK) July Prosecutor Requests Search of Officer’s House Police Find Cocaine in Hollowed Truck Bed Driver for Files Did He Have Probable Cause?, Claims Unlawful Detention, Gonzalez-Lerma (UT) Oct Davison (MI) ‘ Sept Suspect Claims Officer Coerced His Permission Reappearance of Items Supposedly Destroyed in Fire to Search, Sanchez-Valderuten (UT) Oct Did Owners Commit Arson?, Miller (FL) ian . Dec Warrant Search Conducted Before Warrant Issued, Affidavit Based on Information From Informant Johnson (MO) : . P July No False Statements Made Recklessly or Search Warrant Defective Does Good Faith Deliberately, Brown (PA) Exception Apply?, Lalor (MD) - dp waren Affidavit Contained Sufficient Facts To Justify Search, Search Warrants Contain Errors, Valentine (MO) ... Jan. Conley (PA) Apr. To Protect Informant, Oral Testimony to Support Warrant Anticipatory Warrant Obtained In Pornography Not Recorded, Clyburn (SC) ‘ ae er Distribution Case, Ricciardelli (MA) Feb Warrant Authorizes Seizure of “Fruits and Arrestee Contends Affidavit Contained Misleading Instrumentalities” of Carjacking, Robertson (OK) Nov Statements, Ayen (MI) Feb Warrant Defective Insufficient Description of Company Charged With Customs Fraud Place to Be Searched, Williamson (NM) ........ Mar. Was Warrant Valid?, Zhang Jian Zhong (NY) July Warrant for Mobile Home Based on Informant’s Company Seeks to Block Administrative Search, Firsthand Observation, Buckley (WI) ..... .. Apr. Matter of Kelly-Springfield Tire Co. (IL) July Warrant Provision Allowing Search of Containers DEA Agent Examined Garbage, Used Heat Detection Deleted, Burch (MD) , wis attic ennkie a Device to Obtain Evidence of Marijuana Warrants Did Not Include Dates of Surveillance, Growing, Deaner (PA) . . Mar McKeever (LA) err ee ; Did Federal Rule Require Search to Be Conducted Warrants Disputed in Consumer Product Fraud in Daytime?, Palmer (WA) Mar. Scheme, Hughes (IN) ee Did Officer Improperly Enter Driveway of Nudist’s Warrant Obtained Using False Statements on Remote Property?, Depew (ID) May Source of Information, Siligato (NJ) Investigators Use Information From Minor to Was Information From Informant Credible?, Authorize Search, Rinehart (MT) coe e SURE Oliveira (MA) Items Seized Within Scope of Warrant, Turley (KS) . Apr Was Seizure of Check Stubs Within Scope of Justice Gives Oral Permission to Change Room Warrant?, Hill (TX) Number on Warrant, Furlong (MT) Sept. Was There Enough Evidence of Drug Operation to Neighbors of Suspected Heroin Dealer Sue After Officers Justify Search?, Casanova (NY) Search Their House, George (MO) Dec. Was Warrant Based on Stale Application “No-Knock” Warrant Challenged, Moland (CO) Jan Information?, Harris (GA) Officer Waits Before Executing Search Was Wrong Officer Swears to Affidavit, Hyten (MN) Warrant Stale?, Williams (MO) Sept Officers Search Car After Warrant Expires Gerber (FL) Jan Warrantless Search Officers Search Right House Althqugh the Wrong Address Board Authorizes Sweeps of Housing Projects for Security Is Listed on Warrant, Johnson (FL) Dec. Reasons, Pratt (IL) Officers Seize Suspect Before Warrant Issued, Detectives Suspect Train Passenger Has Drugs in Her Brown (GA) Jan Luggage Detained for Dog Sniff, Jones (MO) ... Jan. Officers Use Bank Records to Get Warrant Officer Discovers Methamphetamine Lab, Bute (UT) .... Jan. Marijuana Found During Search, Jackson (OK) Sept Police Had No Time to Obtain a Warrant, Perkins (KY) . Jan. Parole Violator Wants to Suppress Guns Seized Based on Police Search Bag Found in Suspect’s Pocket, Warrant Issued by Telephone, Clutchette (MD) Dec Mitchell (M1) ; ee ...May Police Obtain Warrant to Search Apartment, Search Postal Inspectors Find Drugs in Employee’s Locker, Locked Safe, Jackson (NJ) May Broadus (MI)... ; Landetorwe eae . May Police Search Bag of Two Young Bus Passengers Suspect Consented to Agent’s Entry and Search Based on Their Clothing, Nervousness, and Should Evidence Be Suppressed?, Grissom (KS) . Feb. Statement, O’ Neal (MN) Was Warrantless Search of Van Legal?, Harwood (VT) Feb.