U.S. v. Taylor

Decision Date25 October 1990
Docket NumberNo. 89-6396,89-6396
Citation917 F.2d 1402
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Eddie Louis TAYLOR, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Sidney P. Alexander, Asst. U.S. Atty. (argued), W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., for plaintiff-appellee.

Robert M. Friedman (argued), Lawrence W. White, Memphis, Tenn., for defendant-appellant.

Before MERRITT, Chief Judge, and KEITH and JONES, Circuit Judges.

KEITH, Circuit Judge.

Defendant Eddie Louis Taylor ("Taylor") was arrested on October 3, 1988 for possession with intent to distribute two kilograms of cocaine in violation of 21 U.S.C. Sec. 841(a)(1). Taylor moved to suppress the admission of the cocaine found in his luggage, arguing that he and the luggage had been seized in violation of the fourth amendment. After the district court denied the motion, Taylor entered a conditional guilty plea pursuant to Federal Rule of Criminal Procedure 11(a)(2). Finding that Taylor was seized in violation of the fourth amendment, we REVERSE.

I.

On October 3, 1988, at approximately 7:00 p.m., three plainclothed officers of the Memphis Police Department: Sergeant Joe Eldridge ("Sergeant Eldridge"); Officer Bonnie Bevel ("Officer Bevel") and Officer Forest Britt Roberts ("Officer Roberts") (collectively "the officers") 1 were stationed at the Memphis International Airport when they observed Taylor deplane a flight arriving from Miami, Florida. Sergeant Eldridge stated that Taylor, a middle-aged black man, appeared much different from the other deplaning passengers. The other passengers were dressed in business or vacation attire, while Taylor was clad in dark slacks, a work shirt and hat. Sergeant Eldridge stated that Taylor also carried what appeared to be a new designer travel bag. Sergeant Eldridge believed Taylor was probably the only black person on the flight.

Taylor did not stop at the luggage carousel. Sergeant Eldridge stated that Taylor, appearing nervous and constantly looking over his shoulder, walked rapidly through the terminal, exited, and proceeded toward the parking lot. The officers did not discuss whether they should follow Taylor. The officers had neither a "tip" from a confidential informant that Taylor was transporting a controlled substance nor had a police dog sniffed Taylor or his luggage and detected drugs. Without any forewarning that drugs or a drug courier would be on the flight, the officers decided to follow Taylor. Sergeant Eldridge, who had little training in identifying drug couriers and had been on the drug task force only six months, led the officers in the pursuit.

At this point, the account of what occurred varies. The district court, however, credited the officers' testimony. Taylor testified that as he exited the terminal, Sergeant Eldridge grabbed his arm, forced him back from the curb, shoved a police badge in his face and ordered him to stop. Taylor saw the handle of Sergeant Eldridge's gun on his right hip. Sergeant Eldridge testified that upon exiting the terminal, he approached Taylor, identified himself, and ordered Taylor to stop because he wanted to talk to him. Sergeant Eldridge and Officer Bevel flanked Taylor while Officer Roberts assumed a position across the street between Taylor and the parking lot. The officers never informed Taylor that he did not have to speak to them or consent to a search of his personal effects. Officer Bevel identified herself and asked Taylor several questions: where was he going; where was he coming from; what did the bag contain; did he know anybody in Memphis; was he meeting anyone in Memphis; where was he going in Memphis; and did he have a contact person in Memphis. 2 Sergeant Eldridge asked Taylor to produce his airline ticket and some form of identification. Uncharacteristic of drug couriers, the name on the ticket matched the name on Taylor's Missouri driver's license. 3 Due to the physical positions of the officers and their aggressive questioning, Taylor felt he was not able to leave. In fact, he was not free to leave. Sergeant Eldridge testified that if Taylor had attempted to leave at any point, he would have pursued him.

Officer Bevel asked Taylor if she could look inside the bag he was carrying. Taylor did not verbally consent, but unzipped the bag, shuffled papers around in it and said "There's nothing that you are looking for here." Joint Appendix at 142. Transcript from Evidentiary Hearing ("Transcript") at 363, United States v. Taylor, 88-20270-01-H. The officers did not observe anything suspicious in the bag. Taylor testified that Officer Bevel then snatched the bag from his hands, placed the bag on the sidewalk and began searching it. In searching the bag, Officer Bevel discovered two packages wrapped in brown plastic tape. She recognized this as wrapping typically used for cocaine. At that point, the officers persisted in questioning Taylor, handcuffed him, told him he was under arrest and led him to the airport security office for further investigation.

Once in the security office, Officer Roberts advised Taylor of his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The officers tried to convince Taylor to sign a written statement and consent to search form, but Taylor refused. Although Taylor never signed a consent form and the officers never produced a search warrant; they, nevertheless, removed the packages from the bag and made a small cut in one of the packages. Officer Roberts stated Taylor consented to opening the packages. The substance in the packages field-tested positive as cocaine. The officers searched Taylor and found $1000 in cash hidden in his socks and additional money in his pockets and wallet. Taylor's car, which was parked at the airport, was subsequently seized.

On October 11, 1988, Taylor was charged in a one-count indictment for possession with intent to distribute two kilograms of cocaine, in violation of 21 U.S.C. Sec. 841(a)(1). At his arraignment on October 26, 1988, Taylor pled not guilty. On November 9, 1988, Taylor filed a motion to suppress evidence. In his motion, Taylor argued that the initial encounter amounted to an illegal detention and that he did not consent to the search of his bag. Evidentiary hearings were held on February 10, 14 and 28, 1989. On June 30, 1989, the district court issued its order denying Taylor's motion to suppress. The district court concluded, as a finding of fact, that Taylor consented to both the officers' interview and to the search of his bag. On July 28 1989, Taylor entered a conditional guilty plea to the charge while reserving his right to appeal the denial of the motion to suppress. See Fed.R.Crim.P. 11(a)(2). On October 26, 1989, the district court sentenced Taylor to 63 months of imprisonment, three years of supervised release, and a $3000 fine. A timely notice of appeal was filed on October 30, 1989. Taylor remains on bond pending the outcome of this appeal.

II.
A.

Taylor contends that the district court erred in finding that he was not seized in violation of the fourth amendment. Taylor maintains that his fourth amendment rights were violated when the officers seized him on the sidewalk outside of the Memphis International Airport terminal. We agree.

The fourth amendment provides that "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated...." U.S. Const. amend. IV. These rights apply equally to criminal defendants as they do to every American citizen. The fourth amendment requires that searches and seizures be founded on objective justifications that encompass all seizures of the person "including seizures that involve only a brief detention short of traditional arrest." Reid v. Georgia, 448 U.S. 438, 440, 100 S.Ct. 2752, 2753, 65 L.Ed.2d 890 (1980) (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578, 45 L.Ed.2d 607 (1975)). Although there are some circumstances wherein a person may be detained briefly, without probable cause, 4 "any curtailment of a person's liberty by the police must be supported at least by a reasonable and articulable suspicion that the person seized is engaged in criminal activity." Reid, 448 U.S. at 440, 100 S.Ct. at 2754. See Brown v. Texas, 443 U.S. 47, 51, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357 (1979); Delaware v. Prouse, 440 U.S. 648, 661, 99 S.Ct. 1391, 1400, 59 L.Ed.2d 660 (1979); Brignoni-Ponce, 422 U.S. at 878, 95 S.Ct. at 2578; Terry v. Ohio, 392 U.S. 1, 16-19, 88 S.Ct. 1868, 1877-79, 20 L.Ed.2d 889 (1968).

We recognize that our government is in the midst of waging a "War on Drugs." Yet, the valiant effort of our law enforcement officers to rid society of the drug scourge cannot be done in total disregard of an individual's constitutional rights. In United States of America v. Radka, 904 F.2d 357 (6th Cir.1990) we addressed this problem:

Presently, our nation is plagued with the destructive effects of the illegal importation and distribution of drugs. At this critical time, our Constitution remains a lodestar for the protections that shall endure the most pernicious affronts to our society.... This drug crisis does not license the aggrandizement of governmental power in lieu of civil liberties. Despite the devastation wrought by drug trafficking in communities nationwide, we cannot suspend the precious rights guaranteed by the Constitution in an effort to fight the 'War on Drugs.'

Id. at 361 (emphasis added). Law enforcement officers cannot ignore the protections guaranteed by our Constitution--law enforcement officers cannot subject individuals to random invasions of their privacy.

Each case raising a fourth amendment issue "must be judged on its own facts." United States v. Saperstein, 723 F.2d 1221, 1227 (6th Cir.1983) (quoting United States v. Mendenhall, 446 U.S. 544, 565 n. 6, 100...

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