U.S. v. Hendrix, 83-2306
| Citation | 726 F.2d 433 |
| Decision Date | 06 February 1984 |
| Docket Number | No. 83-2306,83-2306 |
| Parties | UNITED STATES of America, Appellee, v. George R. HENDRIX, Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Charles R. Hicks, Little Rock, Ark., for appellant; Paul D. Gordon, Little Rock, Ark., on brief.
George W. Proctor, U.S. Atty., E.D.Ark., Terry L. Derden, Asst. U.S. Atty., Little Rock, Ark., for appellee.
Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.
George R. Hendrix pled guilty to one count of possession of a controlled substance with the intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1) (1982). He appeals from the district court's denial of his motion to suppress evidence seized pursuant to a warrant to search a briefcase which he possessed when he arrived at an airport in Little Rock, Arkansas. We affirm.
On January 10, 1983, Special Agent Paul Markonni of the Drug Enforcement Administration (DEA) observed Hendrix in the airport in Atlanta, Georgia, during a lay-over in Hendrix's flight from Miami, Florida, to Little Rock, Arkansas. Markonni decided that Hendrix fit the so-called "drug courier profile." He then investigated Hendrix's flight arrangements and discovered that the call-back number given to the airline by Hendrix was to a hotel in Miami. On calling that number, Markonni learned that Hendrix had not registered at that hotel the night prior to his flight. Markonni called DEA Special Agent James Stepp in Little Rock with this information. Stepp decided to observe Hendrix when he arrived in Little Rock and possibly conduct an interview with him.
Upon his arrival in Little Rock, Hendrix stood apart from the other passengers as he waited for his luggage at the baggage carousel. He finally took two items, a black carry-on bag and a brown briefcase, from the carousel. As he left the terminal and hailed a taxi, Stepp approached him, identified himself, and asked Hendrix if he would answer some questions. Stepp told Hendrix that he did not have to talk and was free to leave at that time. Hendrix agreed to accompany Stepp, with his baggage, back into the terminal. Stepp, Hendrix, and two other law enforcement agents were admitted into a small first aid room in the terminal by a uniformed officer working at the airport.
Stepp asked several questions regarding Hendrix's trip and the contents of his luggage. Hendrix agreed to a search of his black carry-on bag, but claimed that...
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U.S. v. McKines
...a fourth amendment seizure occurred."), cert. denied, 488 U.S. 941, 109 S.Ct. 364, 365, 102 L.Ed.2d 354 (1988); United States v. Hendrix, 726 F.2d 433, 434 (8th Cir.1984) (district court's finding that no seizure occurred not clearly erroneous). On the other hand, several of our cases can b......
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U.S. v. Quigley, 88-5528
...759 F.2d 633 (8th Cir.), cert. denied, Jones v. United States, 474 U.S. 837, 106 S.Ct. 113, 88 L.Ed.2d 92 (1985); United States v. Hendrix, 726 F.2d 433 (8th Cir.1984); United States v. Wallraff, 705 F.2d 980 (8th Cir.1983); United States v. Swayne, 700 F.2d 467 (8th This case, however, doe......