Rasnake v. State, 64607
| Decision Date | 23 November 1982 |
| Docket Number | No. 64607,64607 |
| Citation | 164 Ga.App. 765,298 S.E.2d 42 |
| Parties | RASNAKE v. The STATE. |
| Court | Georgia Court of Appeals |
Edwin Marger, Atlanta, for appellant.
Robert Keller, Dist. Atty., Steven E. Lister, Asst. Dist. Atty., Jonesboro, for appellee.
The defendant appeals his conviction for three counts of violation of the Georgia Controlled Substances Act. Held:
1. Special Agents Chapman and Markonni of the Department of Justice Drug Enforcement Agency (DEA), with duty station at the Atlanta International Airport, received a call from DEA Agent Porro, on duty at the Orlando, Florida airport. Porro had seen the defendant enter the Orlando airport, "walking quickly," and "the manner in which he moved the suitcase said to me that the suitcase was relatively light in nature." He saw the defendant go to the Delta ticket counter and purchase a ticket for Atlanta. Defendant paid cash. Porro saw the defendant check both locks on his suitcase. The Delta ticket agent observed that there was no identification tag on the suitcase and asked the defendant to fill out a tag and then affixed it to the suitcase. Defendant again checked both locks on the bag and tried to move them back and forth, and when they appeared to move "he moved back like he started to walk away, and he looked like he had a thought and he stopped and he again reached down and again tried both locks." After seeing they were secure he walked away. Porro called Atlanta and gave this information to DEA Agent Chapman.
Agents Chapman and Markonni met defendant's incoming flight at the Atlanta airport. Agent Markonni has 15 years of law enforcement experience--three with the Federal Secret Service and twelve with DEA. He has made approximately 500 drug related arrests--approximately three-fourths of them were made following use of the "Drug Courier Profile" which involves display of characteristics commonly associated with drug traffickers. Such characteristics include quick trips to cities where drugs are known to be distributed on a large scale. Orlando, Florida is considered to be a drug source city. Other characteristics: people who are unusually nervous, carry a large amount of cash, fly under assumed names, carry little or no luggage, or empty luggage to be used to bring drugs back to their home city. Drug couriers are unusually nervous, and "very deliberately looking at people in the gate area" is "something that drug traffickers can't seem ... to avoid."
When Markonni and Chapman observed Rasnake arrive in Atlanta he was met by two bikers," "motorcycle enthusiasts," wearing blue denim and black leather jackets. All three were "very nervous." Markonni's agency had worked several cases on motorcycle organizations involved in the smuggling of drugs and narcotics. The defendant looked for his luggage and then "would look around staring at people in the baggage claim area." His suitcase came up on the baggage conveyor and before picking it up "the first thing he did after he touched the suitcase was to check the locks to see if they were still locked." When the defendant and his companions entered the baggage security area the checker compared the ticket stubs with the ticket on the suitcase and the two "bikers" kept walking. All three were "unusually nervous" and "appeared to be looking around the area ..." At that time the DEA agents approached Rasnake and identified themselves as federal officers and asked if they could speak to him. Rasnake said "yes." The agents were in civilian clothes and although they had weapons they were concealed. Agent Markonni testified that the Airlines took a dim view of anyone walking around the airport with an exposed weapon. They asked defendant for his ticket and for identification. Rasnake produced several pieces of identification which coincided with the name on the ticket. He His nervousness also appeared in his speech. The agents explained that they were narcotic officers looking for drug couriers and requested his cooperation by allowing them to search his person and suitcase. Rasnake was told that they could go someplace which was more private and defendant said "I'd rather go somewhere else and walked out the door." Rasnake was looking around, apparently for "these two guys and they were nowhere in sight ..." When they saw the DEA agents approach Rasnake they had "picked up their pace and just continued out into the parking lot and did a disappearing act." Markonni pointed to a ledge and said "we can do it right over there." Rasnake did not respond and Markonni said Markonni said, Markonni then asked to examine the contents of the suitcase and Rasnake said "no." The DEA agents told Rasnake to come with them. Rasnake started to back away and they placed him under arrest and handcuffed him. They conducted a brief pat-down of his outer clothing and started to their office. Markonni noticed that Rasnake's boots did not "move right." He pulled up Rasnake's trouser leg and removed $25,000 from his boots. Rasnake also had what appeared to be four Methaqualone tablets in a trouser pocket.
Agents Markonni and Chapman had Rasnake confined and they went to the Clayton County courthouse and briefed investigator Roberts of the District Attorney's office. They advised him of the information received from DEA Agent Porro of Orlando and what had transpired at the Atlanta airport. This information was placed in an affidavit and signed by Roberts. Roberts appeared before a Justice of the Peace and requested a search warrant for Rasnake's suitcase. The search warrant was granted. The search of the suitcase revealed $2,800 in cash, four ounces of cocaine, some amphetamine tablets and other substances thought to be drugs. The trial court denied defendant's Motion to Suppress.
The DEA agents properly arrested the defendant without a warrant. " 'Whether that arrest was constitutionally valid depends in turn upon whether, at the moment the arrest was made, the officers had probable cause to make it--whether at that moment the fact and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense.' " Vaughn v. State, 247 Ga. 136, 137-138, 274 S.E.2d 4790. " Sanders v. State, 235 Ga. 425, 440, 219 S.E.2d 768, U.S. cert. den. 425 U.S. 976, 96 S.Ct. 2177, 48 L.Ed.2d 800.
Agents Markonni and Chapman had trustworthy information from another DEA agent (Mitchell v. State, 239 Ga. 456, 458, 238 S.E.2d 100) that defendant was coming from a drug source city, with a very light suitcase, acting very nervous, and acted in a suspicious...
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