U.S. v. Gill

Decision Date27 May 1977
Docket NumberNo. 76-2670,76-2670
Citation555 F.2d 597
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Richard D. GILL, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

William T. Wuliger, Wuliger, Jacob & Fadel, Cleveland, Ohio, for defendant-appellant.

Richard D. Gill, pro se.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Willard F. Spicer, Akron, Ohio, for plaintiff-appellee.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.

PER CURIAM.

Appellant, Richard D. Gill, appeals from his conviction for possession of heroin with intent to distribute and for aiding and abetting the distribution of heroin in violation of 21 U.S.C. § 841(a)(1) (1970), and 18 U.S.C. § 2 (1970). The heroin was discovered by Special Agent Magoch of the Drug Enforcement Administration during a warrantless search of Appellant's suitcase in the baggage claim area of Hopkins International Airport in Cleveland, Ohio. Appellant contends that the District Court erred in failing to grant his suppression motion. The District Court held that the search was incident to a lawful arrest and therefore within a recognized exception to the Fourth Amendment's warrant requirement. We affirm.

The information which led to Appellant's arrest and the search of his suitcase was uncovered during an investigation by the Akron Police Department and the Summit County Sheriff's Office into suspected narcotics activities by David Feinman and Roger Ramage at 19 Belvedere Way, Akron, Ohio. In March of 1976, Detective Miksch of the Akron Police Department received information from an informant that David Feinman was receiving shipments of narcotics from an individual in Arizona. The informant received this information from a person identified as Laurie Miller. The informant further stated that she had personally observed an individual picking up narcotics at the Belvedere address. The information was relayed to Robert Scalise of the Sheriff's Office, Narcotics Division. Mr. Scalise was familiar with Feinman and knew that Feinman and Appellant had been convicted in Arizona for distributing marijuana. Mr. Scalise gave Detective Miksch a photograph of Appellant and the informant stated that the man in the photo "looked like" the person named Richard who had picked up narcotics at 19 Belvedere Way. The informant told Detective Miksch that David Feinman was expecting another shipment of narcotics on the weekend of April 2nd. No delivery was made that weekend. At noon on April 9th, Detective Miksch received a telephone call from the informant that an individual named Richard would be making a delivery that night from Arizona. Mr. Scalise called state narcotics agents in Arizona and was informed that Appellant was not at work and could not be located. That same day, Mr. Scalise received subpoenaed telephone records for 19 Belvedere Way which disclosed a number of calls made to Arizona, including one of the calls made to a number listed in the name of "Richard Gill". At 2:30 p. m. on April 9th , Detective Miksch received a second telephone call from the informant informing him that David Feinman was going to the airport to pick up a shipment of heroin. David Feinman and Roger Ramage were placed under surveillance. At approximately 10:00 p. m., both individuals were seen leaving Akron in the direction of Hopkins Airport.

Special Agent Frank J. Magoch of the Drug Enforcement Administration was stationed at the airport. He had been apprised of the information uncovered during the Akron investigation. Special Agent Carla Hari informed Agent Magoch that David Feinman was proceeding toward the airport. Agent Magoch checked the flight reservation computer for Appellant's name without success. At approximately 10:45 p. m., Agent Magoch...

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9 cases
  • U.S. v. Calandrella
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 31, 1979
    ...an arrest extends to a suitcase even after the item has been seized and the suspect subdued. Id. at 746. Accord, United States v. Gill, 555 F.2d 597 (6th Cir. 1977) (per curiam); Cf. United States v. Wright, 577 F.2d 378, 380-81 (6th Cir. 1978) (opinion recognizes the prior holding in Kaye,......
  • U.S. v. Andrews
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • July 18, 1979
    ...denied, 434 U.S. 1011, 98 S.Ct. 722, 54 L.Ed.2d 754 (1978); United States v. Craemer, 555 F.2d 594 (6th Cir. 1977); United States v. Gill, 555 F.2d 597 (6th Cir. 1977); United States v. McCaleb, 552 F.2d 717 (6th Cir. 1977).2 The court also ruled that co-defendant Thurston Brooks lacked sta......
  • U.S. v. Pope
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • September 2, 1977
    ...searches of airline passengers by DEA agents. See, e. g., United States v. Lewis, 556 F.2d 385 (6th Cir. 1977); United States v. Gill, 555 F.2d 597 (6th Cir. 1977); United States v. Craemer, 555 F.2d 594 (6th Cir. 1977). A majority of these cases have concerned the DEA's use of a "drug cour......
  • U.S. v. Smith
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 8, 1978
    ...cert. den. 434 U.S. 1011, 98 S.Ct. 722, 54 L.Ed.2d 754 (1978); United States v. Craemer, 555 F.2d 594 (6th Cir. 1977); United States v. Gill, 555 F.2d 597 (6th Cir. 1977); and United States v. McCaleb, 552 F.2d 717 (6th Cir. 1977).2 Profile characteristics not exhibited by Appellant include......
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