U.S. v. Canales
| Citation | 572 F.2d 1182 |
| Decision Date | 19 May 1978 |
| Docket Number | No. 77-5149,77-5149 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Richard CANALES, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Clifford R. Williams, Detroit, Mich., for defendant-appellant.
Richard Canales, pro se.
James K. Robinson, U. S. Atty., F. S. VanTiem, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee.
Before PHILLIPS, Chief Judge and LIVELY, Circuit Judge and DUNCAN, District Judge. *
Defendant-appellant Richard Canales was convicted by a jury of possession with intent to distribute 2,998.6 grams of heroin in violation of 21 U.S.C. § 841(a) (1). Prior to trial the appellant moved to suppress evidence seized after a warrantless search of his person and luggage by agents of the federal Drug Enforcement Administration (DEA) at the Detroit Metropolitan Airport. After an evidentiary hearing, the district court denied the motion to suppress. The district judge found that the DEA agents' initial stop of Canales was a valid investigative stop. See, Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The district judge further found that, following the stop, Canales had given his voluntary consent to the search during which the heroin was seized. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). We affirm.
Government witnesses testified that in March, 1976, agents of the Michigan State Police were investigating Francis McMullen, whom they believed to be involved in heroin trafficking in the Detroit, Michigan, area. In the course of this surveillance, the police observed, in the vicinity of McMullen's address, an automobile titled to Canales and his common law wife Roberta Langowski.
On one occasion, while an undercover officer was inside McMullen's home purchasing narcotics, Roberta Langowski entered the home. The State Police came to suspect that Canales was McMullen's supplier; believing Canales to be travelling to Texas and Mexico to obtain heroin, they asked the Drug Enforcement Agency in Detroit to investigate the case.
DEA agents in Detroit and Laredo, Texas, were told of Canales' suspected role in the heroin trafficking; he was described as being about 5'8 or 5'9 , approximately 42 years old and a Mexican male from Dearborn or Dearborn Heights, Michigan.
On June 18, 1976, after the DEA had entered the case, Agent Mattioli of the Detroit office was informed by DEA agents in Laredo, Texas, that Canales was in Texas. The Texas agents followed Canales into Mexico where he entered the Shamrock Bar. From previous narcotics investigations and surveillances, the DEA agents knew of the Shamrock Bar. It was reputed to be the site of narcotics trafficking. After talking with someone and perhaps using the phone, Canales left the bar and headed towards a rural area outside of a village in Mexico. Thereafter, the agents lost track of him during a storm. The agents were further advised that the defendant was well known to people at a car rental agency and motel in the Laredo area.
Three days later, June 21, 1976, the Texas agents again telephoned Agent Mattioli in Detroit and informed him that Canales was on Braniff Flight 400 back to Detroit. Mattioli then called Agent Morelli at the Detroit airport and told him that Canales would soon be arriving at the airport and that he might be carrying heroin. Agent Morelli relayed this information to Agent Anderson. Contemporaneous with Agent Mattioli's call to the airport, a lieutenant with the Detroit Police Department telephoned DEA Agent Mihills at the airport, gave him the background of the case and substantially the same information as given to Agent Morelli.
Agent Mihills then teamed with Agent Anderson. The two agents proceeded to the arrival gate and spotted a man disembarking from the Braniff flight who fit the description of Canales and was in fact Canales. Canales met Langowski and her child, exited the terminal, and walked towards the parking lot. The agents approached him, identified themselves as federal agents and asked to see identification. The defendant displayed his driver's license. Agent Anderson informed Canales that they wanted to question him concerning their belief that a Mexican male was carrying heroin.
DEA Agent Mihills testified at length concerning the agents' encounter with the defendant. He stated that, in response to the defendant's inquiry when first stopped, Special Agent Anderson informed Canales that they possessed information that a Mexican male would be transporting narcotics on the flight on which defendant was a passenger. The defendant then became very excited and demanded to know why he was the subject of such inquiry; that he had previously been approached by narcotics agents at the airport; that he was tired of the harassment; and that he wished to "have this all over once and for all." The defendant then asked whether the agents wanted to search him, at which point Special Agent Anderson said that the agents did wish to speak with him further.
It was at this point that Canales indicated his discomfort at continuing the conversation in front of his wife and stepson, and asked if the discussion had to occur right there. Agent Mihills' testimony as to the ensuing discussion indicates, in substance, that Special Agent Anderson advised Canales that the DEA had an airport office where the three could continue the conversation. When asked what the defendant's response to this information was, Agent Mihills testified:
Mr. Canales very positively stated that he wanted to go to that office and get this matter straightened out once and for all.
The witness further testified that Canales' wife and stepson went into a nearby lounge and the two agents and the defendant retired to the DEA office to talk.
Concerning the events transpiring in that office, the defendant continued to demand that the agents search him so that the alleged harassment of him in the airport by federal agents would cease; Canales further claimed, according to Agent Mihills, to be a reputable businessman and contended that he "did not feel that it was right" that he be harassed merely because he travelled back and forth to the Mexican border area. Agent Mihills described Canales' further disavowals of personal involvement with narcotics trafficking in this fashion:
He went further to say that if there was any question as to his entegrity (sic) or his character, that he wanted us, us being Special Agent Anderson and myself, to call certain telephone numbers that he gave us, one of which was his mother he wanted us to call his mother to ask what type of person he was and if he would deal in narcotics at all, and then a number that he claimed to be some type of Mexican police official of some sort who would also vouch for his character.
The search of the defendant's person and briefcase followed shortly thereafter. When asked to describe the attendant circumstances, Agent Mihills stated:
Special Agent Anderson advised Mr. Canales that he did not have to submit himself to any type of search, that he was not required to, and that we would search him and his belongings but that he certainly wasn't required to.
Mr. Canales replied to that by demanding to be searched. He opened his briefcase and he said, here, look, and look at me, he pulled back his jacket in a fashion to examine his person The witness admitted that no narcotics were found on Mr. Canales' person, and further stated that the defendant opened his briefcase and removed papers and folders from it in an attempt to show the agents that there were no narcotics in the briefcase.
During the defendant's display of his briefcase, Agent Mihills testified, he discovered baggage claim tickets stapled to airplane ticket stubs from Braniff Flight 400 bearing the name of either "Robert Canales" or "R. Canales." This discovery was made as Agent Anderson was asking the defendant whether he had any luggage; the agent commented parenthetically that Canales seemed to be "travelling light." At trial, Agent Mihills recalled Canales' response as follows:
Mr. Canales said that that was correct, that he was travelling light, that he had gone down just the night before, that he had some business he had to take care of because he was an officer in a corporation and he had to go back and forth to that area of Texas to tend to the business of his corporation.
The witness was then asked whether the statement made by the defendant corresponded with the information given to him and Agent Anderson by the Detroit Police. Agent Mihills responded that the information was in conflict, since the police indicated having knowledge of Canales' departure at the airport several days earlier and his activities in Texas and Mexico during the intervening period.
The agents further questioned Canales relative to the baggage stubs, and asked him to explain their presence in light of his claim that he had no luggage. The witness' account of the conversation was that the defendant had replied that the baggage stubs were possibly from his brother's luggage since his brother was flying to Albuquerque. During the defendant's explanation, Agent Mihills continued to examine the baggage stubs and noted that they bore the designation "DTW" which, he believed, indicated that the bags' intended destination was Detroit Metropolitan Airport.
Agent Anderson then asked the defendant if he would mind going to the baggage claim area to see if luggage bearing corresponding baggage claim stubs was there; the defendant "readily agreed," at which point the threesome proceeded to that area. Agent Mihills testified further that Canales identified the baggage from a distance of about 50 to 60 yards; that Agent Anderson compared the numbers on Canales' ticket stubs with those on the luggage and found them to be identical; and that the...
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