910 F.2d 1506 (7th Cir. 1990), 88-2685, United States v. Johnson

Docket Nº:88-2685.
Citation:910 F.2d 1506
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Annette JOHNSON, Defendant-Appellant.
Case Date:August 23, 1990
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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910 F.2d 1506 (7th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,

v.

Annette JOHNSON, Defendant-Appellant.

No. 88-2685.

United States Court of Appeals, Seventh Circuit

August 23, 1990

Argued April 6, 1990.

Patrick J. Foley, Asst. U.S. Atty., Patrick J. King, Jr., Alexander S. Vesselinovitch, Chicago, Ill., for plaintiff-appellee.

Suzanne Philbrick, Oak Lawn, Ill., Robert A. Willis, Chicago, Ill., for defendant-appellant.

Before COFFEY, MANION, and KANNE, Circuit Judges.

MANION, Circuit Judge.

The Chicago Police temporarily detained Annette Johnson as a suspected drug courier at Chicago's Union Station. Although she was not arrested, the police did detain and search her luggage. Johnson appeals the district court's denial of her motion to suppress the evidence, consisting of cocaine found in her luggage. We affirm.

I. FACTS

Johnson arrived at Union Station in Chicago on July 22, 1987 aboard an Amtrak train she boarded in Los Angeles. The train was nearly three hours late according to the published schedule. Johnson expected her fiance Arnell Corbin to meet her at the station. While she looked about for

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him, she also noticed people looking at her. When she did not see her fiance, she telephoned and asked him to pick her up. Afterward, as she walked toward the main terminal, two men who identified themselves as police officers stopped her.

The officers were Richard Boyle of the Chicago Police Department, assigned to the Drug Enforcement Administration Task Force at Union Station, and Amtrak Policeman Robert Suave. Boyle was a 22-year veteran of the Chicago Police Department, spending the last seven years in drug interdiction at Chicago's Amtrak stations and airport terminals. Earlier in the day, Boyle and Suave met with other police officers to review information about potential drug couriers on incoming trains. Armed with a computer printout of information about passengers on the train from Los Angeles, Boyle noticed that Annette Johnson fit the profile of a typical drug courier. Boyle knew Los Angeles was a source city for drugs. Boyle learned from the print-out and from conversations with Suave that Johnson had purchased a one-way ticket on the train's sleeper car for $453 in cash. He knew the purchase was made just one day before the train left Los Angeles, and that Johnson picked up the ticket minutes before departure. He knew the telephone call-back number given by whoever ordered Johnson's ticket was answered by people who said they had never heard of Johnson. The officers boarded the train prior to arrival and watched Johnson enter the station. They watched her make a purchase at a candy store, then a five-minute telephone call. As she walked through the station she continually looked around and back over her shoulder. Having seen enough, Boyle displayed his badge and asked to speak with her.

Johnson agreed to speak with Boyle. He asked her for identification and her train ticket. She began to tremble and shake as she handed the ticket to Suave. Her ticket was in the name G. Johnson, and she produced a blood identification card in the name of Annette Corbin. She explained the discrepancy by telling the officers she was engaged to a man named Corbin. Boyle asked for photo identification. While she went through her purse, Boyle observed some sort of photo identification, perhaps a driver's license. Boyle testified that Johnson told him she had no photo identification. Johnson testified that she produced California photo identification in the name Annette Johnson.

In response to her question Boyle said he was conducting a narcotics investigation. After Johnson admitted owning the bags, Boyle asked if he could...

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