21 F.3d 425 (4th Cir. 1994), 93-5378, U.S. v. Brown

Docket Nº:93-5378, 93-5379, 93-5380.
Citation:21 F.3d 425
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Larry BROWN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Owen CARNEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth WILLIAMS, Defendant-Appellant.
Case Date:March 22, 1994
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 425

21 F.3d 425 (4th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,

v.

Larry BROWN, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Owen CARNEY, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Kenneth WILLIAMS, Defendant-Appellant.

Nos. 93-5378, 93-5379, 93-5380.

United States Court of Appeals, Fourth Circuit

March 22, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued Feb. 10, 1994.

Appeals from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CR-92-191)

James Kevin Holmes, Charleston, SC (Michael P. O'Connell, Asst. Federal Public Defender, Charleston, SC, Francis Marion Kirk, Goose Creek, SC, on brief), for appellants.

Benjamin A. Hagood, Jr., Asst. U.S. Atty. (J. Preston Strom, Jr., U.S. Atty., Joseph P. Griffith, Jr., Asst. U.S. Atty., on brief), Charleston, SC, for appellee.

D.S.C.

AFFIRMED.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HALL and WILKINSON, Circuit Judges.

OPINION

PER CURIAM:

Appellants Larry Brown ("Brown"), Owen Carney ("Carney"), and Kenneth Williams ("Williams") were each convicted of one count of conspiracy to possess with the intent to distribute cocaine, and possession of cocaine with the intent to distribute. Appellants challenge the district court's denial of their pre-trial motion to suppress evidence. We affirm.

I

On March 5, 1992, South Carolina Highway Patrolman Tom Summers ("Patrolman Summers") was on duty near the South Carolina-Georgia border. Patrolman Summers is a member of the A.C.E. ("aggressive criminal enforcement") team, a group of South Carolina highway patrolmen who are specially trained to apprehend motorists involved in illegal activity. About 9:45 p.m., he clocked Appellants' car driving five miles over the speed limit on north-bound Interstate Highway 95. 1 He pulled the car over, intending to issue the driver a warning ticket. Patrolman Summers asked the driver of the vehicle, Appellant Carney, for a driver's license and a vehicle registration, and asked him to step to the rear of the car. Appellant Williams and Appellant Brown, the car's only other occupants, remained in the car.

Appellant Carney produced a driver's license in his name, and a rental car agreement in the name of a woman from Charleston, South Carolina. No drivers, other than the female renter, were listed on the rental agreement. In response to Patrolman Summers's questions, Carney stated that he borrowed the car from a friend, that he was on his way from Miami to Charleston to visit his aunt, and that the passengers were his cousins. During this conversation with Carney, Patrolman Summers wrote him a warning ticket.

After giving Carney the ticket, Patrolman Summers separately questioned the other two men. Appellant Williams, who sat in the front passenger seat, stated that the three men were friends, and that they were going from Miami to Summerville, South Carolina. Appellant Brown, who sat in the back seat, stated that the three men were friends and that he did not know where they were going.

After questioning Williams and Brown, Patrolman Summers asked Carney if there was anything illegal in the car. When Carney responded in the negative, Patrolman Summers asked Carney if he would consent to a search of the car. Carney agreed, and signed a written consent form, consenting to the search of the "vehicle and the contents within it." (J.A. at 195). After Carney agreed to the search...

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