Laing v. U.S., 89-1206EA

• Citation: 891 F.2d 683
• Decision Date: 24 January 1990
• Docket Number: No. 89-1206EA,89-1206EA
• Parties: Ronald Winston LAING, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 683

891 F.2d 683

Ronald Winston LAING, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

No. 89-1206EA.

United States Court of Appeals,

Eighth Circuit.

Submitted Sept. 15, 1989.

Decided Dec. 14, 1989.

Rehearing and Rehearing En Banc Denied Jan. 24, 1990.

Bill Luppen, Little Rock, Ark., for defendant-appellant.

Robert J. Govar, Little Rock, Ark., for plaintiff-appellee.

Before BOWMAN and MAGILL, Circuit Judges, and HARPER, ^* Senior District Judge.

HARPER, Senior District Judge.

On March 31, 1988, Detective Kirk Lane of the Narcotics Division of the Pulaski County Sheriff's Office, received information from the manager of the La Quinta Inn located in Little Rock, Arkansas concerning suspicious activity demonstrated by the frequency of persons going in and out of a room rented and occupied by appellant, Ronald Winston Laing. At approximately 3:00 p.m., Detective Lane, and Detective Maddox, also with the Pulaski County Sheriff's Office, commenced surveillance on appellant's room (Number 141). The detectives sought information on Laing from their supervisor, Officer Campbell, who subsequently informed the detectives, in person, that the North Little Rock Police Department had a pend-narcotics investigation concerning Laing and that he had an outstanding traffic warrant for his arrest. During the surveillance, Laing requested another room from motel management, which was granted. Prior to Laing occupying the new room (Number 151), the detectives searched it, finding no controlled substances therein. At approximately 6:45 p.m., Laing left the motel by automobile.

The detectives continued surveillance on Laing's room during his absence. At approximately 8:50 p.m., Laing returned to the motel, whereupon Detectives Lane and Maddox arrested him in the motel parking lot on the outstanding traffic warrant. Laing was subsequently escorted to the room adjacent to Room 151, where he was provided Miranda warnings. The detectives then asked Laing if he would consent to a search of his room (Room 151). Laing consented and signed a written consent form containing specific reference to his right to refuse consent. The detectives' subsequent search of the room resulted in the seizure of approximately 75 grams of cocaine and an Ohaus triple beam scale.

On August 16, 1988, Laing was indicted by the Federal Grand Jury on two counts of possession of cocaine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Prior to trial, Laing moved to suppress the drug and non-drug evidence seized from Room 151, arguing that the arrest was pretextual to the search and that his consent to the search was involuntary.

On October 21, 1988, United States District Judge Woods orally denied Laing's motion after an evidentiary hearing. Laing then pleaded guilty to one count of possession of cocaine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1), conditioned upon his right to appeal the District Court's denial of his motion to suppress evidence, as provided for in Rule 11(a)(2), Fed.R.Crim.P.

On January 12, 1989, Laing was sentenced by Judge Woods to forty-one months in a federal penitentiary and three years of supervised release. On January 23, 1989, Laing timely filed a notice of appeal with the District Court appealing the District Court's denial of his motion to suppress.

On appeal, Laing contends that the District Court erred in denying his motion to suppress evidence, arguing that the seizure of such evidence resulted from a pretextual arrest arising from an outstanding warrant for a traffic violation. Laing further argues that the subsequent consent to the search of his motel room was not given voluntarily due to alleged deception on the part of the arresting officers.

The applicable standard of review by this Court concerning the District Court's denial of Laing's motion to suppress which raised the issues of whether Laing's arrest was pretextual and whether his subsequent consent to the search of his motel room was voluntary, is the clearly erroneous standard. Maryland v. Macon, 472 U.S. 463, 470, 105 S.Ct. 2778, 2782, 86 L.Ed.2d 370 (1985) (quoting Scott v. United States, 436 U.S. 128, 136, 98 S.Ct. 1717, 1723, 56 L.Ed.2d 168 (1976); United States v. Turpin, 707 F.2d 332 (8th Cir.1983). Under this standard, the District Court's decision must be affirmed unless it lacks substantial evidence to support it, it involves an erroneous view of applicable law, or upon considering the entire record, we are left with the definite and firm conviction a mistake has been made. See United States v. Ross, 713 F.2d 389, 392 (8th Cir.1983).

An arrest may not be used as a pretext to search for evidence. United States v. Lefkowitz, 285 U.S. 452, 467, 52 S.Ct. 420, 424, 76 L.Ed. 877 (1932). The search must have at least some relation to the matter and purpose of the arrest. Taglavore v. United States, 291 F.2d 262 (9th Cir.1961).

The record discloses the following relevant facts to the issue of whether the search of appellant's motel room was facilitated solely on a pretextual arrest arising from an outstanding traffic warrant....