Armada v. United States
Decision Date | 12 September 1963 |
Docket Number | No. 19596.,19596. |
Citation | 319 F.2d 793 |
Parties | Vincent Iglesias ARMADA, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Henry R. Carr, William B. Seidel, Miami, Fla., for appellant.
Edward A. Kaufman, Asst. U. S. Atty., Miami, Fla., for appellee.
Before RIVES, LEWIS* and BELL, Circuit Judges.
Armada and a woman named Hilda Nora Bostizano were jointly indicted for crimes in connection with a large quantity of cocaine, "in excess of four pounds." Bostizano failed to appear for trial, her bail bond was forfeited, and Armada was tried alone. He was adjudged guilty on a jury's verdict under four counts, which charged respectively: that he and Bostizano concealed the drugs in violation of 21 U.S.C.A. § 174; that they facilitated the transportation of the drugs in violation of 21 U.S.C.A. § 174; that they purchased the drugs in violation of 26 U.S.C.A. § 4704(a); and that they conspired between themselves and with other persons unknown to commit such crimes in violation of 21 U.S.C.A. § 174. Armada was sentenced to imprisonment for five years on each count, sentences to run concurrently, and was fined $2,500.00 on each count.
The cocaine was seized as a result of a search of Armada's automobile. The only question presented on appeal is whether the district court erred in denying Armada's motion to suppress this evidence as being unlawfully obtained in violation of the Fourth Amendment to the Constitution.
At between 9:30 and 9:50 on Saturday evening, July 15, 1961, two days before the search of Armada's car, United States Customs Agent William J. Knierin had a phone call at his home from the Supervisory Customs Inspector on duty at the customs enclosure at the Miami International Airport, Miami, Florida, who told him that a suspect, Hilda Nora Bostizano, a known associate of Armada, was in the baggage examination room. Agent Knierin testified on the motion to suppress:
Knierin and another Customs Agent, William D. Fickie, then proceeded to the office of the United States Customs Agent in the Post Office and examined the existing file involving Armada and Bostizano, and by 11:30 P.M. they had located Bostizano in Room 609 of the Everglades Hotel. The two agents took Room 623, diagonally across the hall from Bostizano's room, and thereafter maintained a surveillance on the hotel lobby and room.
At about 3:30 or 4:00 o'clock on Sunday afternoon, July 16, 1961, these two agents, without a search warrant, entered Bostizano's hotel room and observed two bags or suitcases, which Knierin opened. Both were apparently empty. The smaller bag had a distinct odor of fresh glue, and a close examination revealed a more than normal thickness to the bottom. Knierin further testified:
On the basis of his prior training and experience, Knierin formed an opinion that this substance was cocaine. Continuing, Knierin testified:
As to information conveyed to Agent Romano, he further testified:
When Knierin testified that he had no search warrant or other process authorizing him to search Bostizano's hotel room, Armada's attorney entered the following objection:
The court overruled that objection and it is not further pursued on this appeal.
The surveillance continuing, on the evening of Sunday, July 16, Agent Michael A. Romano was called in to assist. Agent Knierin briefed him on the situation. Nothing happened that evening. On Monday morning, July 17, Mrs. Bostizano left the hotel on foot. After about 25 minutes, she returned at about 10:50 or 10:55 A.M. She asked the bell captain of the hotel, George Gunn, to come to her room and get her baggage. Gunn put the larger suitcase on his truck, and he and Mrs. Bostizano proceeded to the lobby and to the hotel's south exit. Some man picked up the suitcase and handed Gunn a dollar tip. The doorman, Robert Nolen, who had been alerted by Agent Doughney, had seen Armada drive into the circular drive, onto which the hotel's south exit opens, about 15 minutes before Mrs. Bostizano and Gunn arrived with the suitcase. Nolen saw Armada take the suitcase from the truck and place it in the trunk of his car.
Shortly after the car pulled out Nolen had a conversation with Agent Doughney which he related as follows:
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