U.S. v. Cilley, s. 84-5199
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before ANDERSON, BEEZER and BRUNETTI; J. BLAINE ANDERSON |
| Citation | 785 F.2d 651 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jack Kelly CILLEY, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Phillip Stanley KASHNIG, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Faulkner DAWSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Dean FIGHTLIN, Defendant-Appellant. to 84-5202. |
| Docket Number | Nos. 84-5199,s. 84-5199 |
| Decision Date | 26 March 1986 |
Page 651
v.
Jack Kelly CILLEY, Jr., Defendant-Appellant.
UNITED STATES of America, Plaintiff-Appellee,
v.
Phillip Stanley KASHNIG, Defendant-Appellant.
UNITED STATES of America, Plaintiff-Appellee,
v.
David Faulkner DAWSON, Defendant-Appellant.
UNITED STATES of America, Plaintiff-Appellee,
v.
Jonathan Dean FIGHTLIN, Defendant-Appellant.
Ninth Circuit.
Decided Dec. 20, 1985.
As Amended March 26, 1986.
Page 652
Robert E. May, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Robert E. May, Asst. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.
Michael J. McCabe, San Diego, Cal., for defendant-appellant.
Appeal from the United States District Court for the Southern District of California.
Before ANDERSON, BEEZER and BRUNETTI, Circuit Judges.
J. BLAINE ANDERSON, Circuit Judge:
This appeal presents the following issues:
(1) Whether the warrantless, suspicionless, daytime boarding of a vessel by the Coast Guard, for the purpose of assuring compliance with U.S. document and safety inspection laws violated the Fourth Amendment?
(2) Whether the subsequent below-deck inspection of the vessel, which led to the discovery of the marijuana evidence, violated the Fourth Amendment?
(3) Whether the boarding of the vessel took place in waters over which the United States has jurisdiction?
I. THE FACTS
An evidentiary hearing was held by the district court on defendants' motion to suppress marijuana evidence seized as a result of a stop and boarding of the vessel ARRAKIS by the Coast Guard. The motion was denied. We affirm. The following pertinent facts were received during the hearing:
On November 1, 1983, the Coast Guard cutter CLOVER was running under orders directing it out on law enforcement patrol. The stated purpose of the patrol was to apprehend those craft carrying contraband, detain those persons actually engaged in smuggling, and to intercede in the flow of illicit drugs. In doing this, they were to "maximize boarding." Lieutenant Commander Porter, the commanding officer of the CLOVER, testified that whenever they are on patrol, a secondary purpose is to assure compliance with and enforcement of U.S. laws.
At about 6:30 a.m., the CLOVER made visual contact with a vessel and altered course to intercept it. At this point the CLOVER was approximately 30 miles off the coast of Baja California, Mexico. As the CLOVER approached, Officer Porter received a call requesting the CLOVER's intentions. Officer Porter responded by asking for the vessel's name, nationality, home port, etc. In response, he was told the vessel was registered in the United States under the name ARRAKIS. Officer Porter responded that a boarding party would be sent over.
Officer Porter testified that the primary purpose of the boarding was to conduct an administrative inspection in accordance with patrol orders. He stated he had never heard of the ARRAKIS prior to this time, and there was nothing about the vessel that suggested it contained contraband.
Pursuant to normal procedure, a four-member boarding party was sent to the ARRAKIS. Ensign Murphy, the boarding officer, testified that as they were boarding, one of the four persons aboard the ARRAKIS (Kashnig) stated, "Boy, are you guys in for a big surprise." When asked why, Kashnig replied, "Because this boat is loaded with marijuana." All four individuals were then given their Miranda rights. Ensign Murphy testified he noticed the smell of marijuana when he boarded and that it was especially strong in the fantail area. The boarding party proceeded with their normal inspection, checking compliance with U.S. laws and regulations, checking documentation, and looking for safety violations. During this inspection, bales of marijuana were observed on the lower deck. The parties stipulated that the ARRAKIS was towed to San Diego and that
Page 653
no warrant was ever procured relative to the seizure of the contraband from the ARRAKIS.All four appellants were subsequently charged with conspiracy to possess marijuana on the high seas with intent to distribute, Title 21, U.S.C. Secs. 955a(a) and 955c; possession of marijuana on the high seas with intent to distribute, Title 21, U.S.C. Sec. 955a(a); conspiracy on the high seas to import marijuana into the United States, Title 21, U.S.C. Secs. 955a(d)(1) and 955c; possession of marijuana with intent to import into the United States, Title 21, U.S.C. Sec. 955a(d)(1); conspiracy to possess in excess of 1,000 pounds of marijuana with intent to distribute, Title 21, U.S.C. Secs. 841(a)(1), 841(b)(6), and 846; conspiracy to travel in foreign commerce in aid of racketeering enterprise, Title 18, U.S.C. Secs. 371 and 1952(a)(3); and foreign travel in aid of racketeering enterprise, Title 18, U.S.C. Sec. 1952(a)(3). Additionally, appellant Kashnig was charged with carrying a firearm during the commission of a felony, in violation of Title 18, U.S.C. Sec. 924(c); and appellant Dawson was charged with false use of a passport, in violation of Title 18, U.S.C. Sec. 1542.
On April 26, 1984, appellants entered conditional pleas of guilty, preserving their right to appeal the denial of the motion to suppress the marijuana evidence. Appellant Kashnig pled guilty to counts three, five and eight. Appellants Fightlin and Cilley pled guilty to counts three and five. Appellant Dawson pled guilty to counts three, five and nine.
II. A. THE INITIAL BOARDING
The first question we address is whether the warrantless, suspicionless, daytime boarding of a vessel by the Coast Guard, for the purpose of assuring compliance with U.S. document and safety inspection laws violated the Fourth Amendment? Appellants argue that the stopping and boarding of the ARRAKIS was valid only if the government establishes either: (1) The stop was made pursuant to an administrative plan, removing all discretion on the part of the Coast Guard commander in determining which vessels to stop and board, or (2) There was founded suspicion to believe that the vessel was engaged in unlawful activity. We hold that neither of these is necessary in this case.
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...is for the administrative purpose of a bona fide document and safety inspection. See, e.g. Demanett at 867; United States v. Cilley, 785 F.2d 651 (9th Cir.1985); United States v. Jonas, supra; United States v. Williams, supra; United States v. Bent, supra; United States v. Humphrey, 759 F.2......
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U.S. v. Alvarez, No. 83-5208
...Wulferdinger 782 F.2d 1473 several drugs No (9th 1986) Henry Espinosa 782 F.2d 888 3 bags of cocaine No (10th 1986) Jack Cilley, et al. 785 F.2d 651 1000 lbs. (9th 1985) marijuana David Kirk 781 F.2d 1498 kgs of cocaine No (11th 1986) Richard Reen, et al. 780 F.2d 1541 large quantities No (......
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US v. Aikens, CR 88-359-01 to CR 88-359-08.
...authority is correct only if the stop and boarding is for the administrative purpose of document and safety inspections. U.S. v. Cilley, 785 F.2d 651 (9th Cir.1985); U.S. v. Jonas, supra; U.S. v. Williams, supra; U.S. v. Bent, supra; U.S. v. Humphrey, 759 F.2d 743 (9th Cir.1985); U.S. v. Pi......
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US v. Biermann, No. CR-87-0473-CAL.
...The Coast Guard officer saw marijuana in plain view, and the master admitted that the cargo was marijuana. See United States v. Cilley, 785 F.2d 651 (9th Cir.1985); United States v. Humphrey, 759 F.2d 743 (9th VII. ORDER For the reasons stated above4 the court grants the government's motion......
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United States v. Varlack Ventures, Inc., Nos. 1996–229
...is for the administrative purpose of a bona fide document and safety inspection. See, e.g. Demanett at 867; United States v. Cilley, 785 F.2d 651 (9th Cir.1985); United States v. Jonas, supra; United States v. Williams, supra; United States v. Bent, supra; United States v. Humphrey, 759 F.2......
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U.S. v. Alvarez, No. 83-5208
...Wulferdinger 782 F.2d 1473 several drugs No (9th 1986) Henry Espinosa 782 F.2d 888 3 bags of cocaine No (10th 1986) Jack Cilley, et al. 785 F.2d 651 1000 lbs. (9th 1985) marijuana David Kirk 781 F.2d 1498 kgs of cocaine No (11th 1986) Richard Reen, et al. 780 F.2d 1541 large quantities No (......
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US v. Aikens, CR 88-359-01 to CR 88-359-08.
...authority is correct only if the stop and boarding is for the administrative purpose of document and safety inspections. U.S. v. Cilley, 785 F.2d 651 (9th Cir.1985); U.S. v. Jonas, supra; U.S. v. Williams, supra; U.S. v. Bent, supra; U.S. v. Humphrey, 759 F.2d 743 (9th Cir.1985); U.S. v. Pi......
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US v. Biermann, No. CR-87-0473-CAL.
...The Coast Guard officer saw marijuana in plain view, and the master admitted that the cargo was marijuana. See United States v. Cilley, 785 F.2d 651 (9th Cir.1985); United States v. Humphrey, 759 F.2d 743 (9th VII. ORDER For the reasons stated above4 the court grants the government's motion......