21 F.3d 1118 (9th Cir. 1994), 93-50553, U.S. v. Santiago

• Date: 11 April 1994
• Docket Number: 93-50553.
• Citation: 21 F.3d 1118
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Oscar SANTIAGO, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1118

21 F.3d 1118 (9th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,

v.

Oscar SANTIAGO, Defendant-Appellant.

No. 93-50553.

United States Court of Appeals, Ninth Circuit

April 11, 1994

Submitted April 5, 1994. ^[*]

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Central District of California; No. CR-93-00349-MRP, Mariana R. Pfaelzer, District Judge, Presiding.

C.D.Cal.

AFFIRMED.

Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges.

MEMORANDUM ^[**]

Oscar Santiago appeals his conviction following a conditional guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Santiago contends that the district court erred by denying his suppression motion because (1) he was illegally detained when a law enforcement officer questioned him in the airport, (2) he was illegally arrested when he was transported in handcuffs to a holding cell in the airport, and (3) his suitcase was illegally seized and searched. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

Background

Los Angeles Police Department (LAPD) Detective Patty May and Los Angeles Sheriff's Department Deputy Rob Irmas, both in plain clothes, observed Santiago outside the Los Angeles International Airport. Santiago appeared to be nervous and in a hurry and carried a briefcase and a new hard-sided suitcase, which is often used by couriers to transport cocaine. Santiago checked the suitcase with a skycap and was given a luggage identification tag, which Santiago did not complete. The skycap placed on the suitcase a "heavy tag," indicating that the bag was heavier than normal. Detective May knew that heavy bags were uncommon on domestic flights and such bags often contain drugs.

Santiago entered the airport and sat down at the boarding area inside the terminal. While Deputy Irmas remained about twenty feet away, Detective May sat next to Santiago, showed him her LAPD identification, and asked if she could talk to him. Detective May told him he was not under arrest and was free to leave. She asked if she could see his identification. Santiago produced a credit card, which he did not allow Detective May to see closely, and a Resident Alien Card, which he gave to Detective May. May then asked if she could see his ticket, which he gave to her after taking back his identification. The name on the ticket did not match the name on Santiago's identification. The ticket, purchased that day from a travel agent, was a one-way ticket to New York's John F. Kennedy Airport. In Detective May's experience New York is a common drug courier destination. Detective May also knew that people transporting drugs often travel under assumed names with one-way tickets purchased on the day of travel at a travel agency. Santiago explained that the names on his ticket and identification were different because his friend brought the ticket.

Detective May then told Santiago that she was a narcotics investigator and asked him if he was carrying any drugs. He said, "No," and revealed that he had been in Los Angeles a few days visiting friends. Detective May asked Santiago if he had checked any luggage. Santiago said that he had only the briefcase but later admitted that he had checked a bag with the skycap at the curb, when pressed by Detective May's questioning. He stated that the bag contained only clothes, a shirt, and a present for his girlfriend.

Detective May asked if she could search the bag and Santiago agreed. In response to May's request, and after some hesitation, Santiago produced the key to the bag. Deputy Irmas went to the skycap stand to try the key in the suitcase but discovered that the bag also had a combination lock. Santiago told Detective May a combination number that turned out to be incorrect.

At the skycap stand, Santiago tried to open the combination lock but failed. Detective May knew that drug couriers transporting narcotics in a container secured with a combination lock either do not know or do not divulge the combination when asked. May asked Santiago again if he had drugs in the suitcase. Santiago looked at his feet and said nothing, and when questioned again said, "Well, check it out." Santiago refused May's request to open the suitcase forcibly.

At this point, Detective May told Santiago he was being detained. May handcuffed Santiago and transported him and the suitcase by car to the Narcotics Task Force office in the airport. When they arrived at the office a few minutes later, Santiago's handcuffs were removed and he was placed in a holding cell. Detective May and other officers arranged to have a narcotics dog sniff the suitcase. The dog, indicating the presence of drugs, reacted...