U.S. v. Maltais
| Decision Date | 16 December 2003 |
| Docket Number | No. C4-03-058.,C4-03-058. |
| Citation | 295 F.Supp.2d 1077 |
| Parties | UNITED STATES of America, v. Joseph Dominic Marcel MALTAIS, Defendant. |
| Court | U.S. District Court — District of North Dakota |
Chad Rory McCabe, Vinje Law Firm, Bismarck, ND, for defendant.
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE
Before the Court is the Defendant's Motion to Suppress evidence seized by law enforcement officers on August 8, 2003. A hearing on the motion was held on Friday, December 5, 2003. For the reasons set forth below, the motion is denied.
At approximately 1:00 a.m. on August 8, 2003, Senior Patrol Agent Robert Danley was performing border patrol duties in a marked border patrol vehicle when he observed the defendant, Joseph Dominic Marcel Maltais ("Maltais"), sitting in the driver's seat of a Dodge truck with a Manitoba license plate DPH 305. The truck was towing a Fleetwood fifth wheel camper trailer with a Manitoba license plate J714H. The truck was parked facing south by the side of Bottineau County Road 6, approximately seven miles north and one-and-a-half miles west of the "Landa Intersection." This location is in an isolated, rural area approximately 500 yards or a quarter-mile south of the United States and Canadian Border.
Agent Robert B. Danley drove past the truck, turned around, stopped his vehicle, and requested license checks on the truck and the trailer. Agent Danley was on special assignment from Texas and had been working on the northern border of North Dakota since late July 2003. There had been suspicions of drug trafficking activity in the border area and Agent Danley had become familiar with such suspected activities since his arrival in North Dakota. Agent Danley was aware that a truck and trailer matching the vehicles at the side of the road had recently undergone an inspection at the Dunseith, North Dakota, Port of Entry on or about June 10, 2003. During that inspection, the Bureau of Customs and Border Protection Inspectors had found several hidden compartments in the floorboards of the trailer. Such hidden compartments are commonly used by those involved in drug trafficking. The compartments were empty at the time of the inspection. Agent Danley also knew that a local farmer reported that he saw a truck and trailer matching this description driving in the area in the early morning hours. Agent Danley was aware of several roads in this area that cross the United States and Canadian border where there are no designated ports of entry and that these roads can be easily driven by almost any vehicle. In addition, Agent Danley was aware that Canadian authorities also suspected that a drug smuggling operation was using this area to smuggle drugs into the United States.
After a few moments had passed, Maltais approached Agent Danley's vehicle and inquired whether anything was wrong. At this point, Agent Danley's and Maltais' versions of the events differ slightly. According to Agent Danley, he told Maltais that nothing was wrong but he inquired about Maltais' immigration status. Maltais told Agent Danley that he was a Canadian citizen and had last entered the United States about one month ago at an unknown port of entry on the United States and Canadian border. Agent Danley then asked Maltais why he was at this particular location. Maltais responded that he was traveling back to Canada, got lost, and decided to take a nap.
Agent Danley testified that he doubted the truthfulness of Maltais' statements because the route Maltais described did not exist. According to Agent Danley, Maltais said that he had attempted to cross the border at a Port of Entry north of Westhope but it was closed. Maltais then traveled south on Highway 83 and took a left turn onto a gravel road and headed east to get to the location where Agent Danley found him. Agent Danley did not believe Maltais' statement because he knew that the gravel road did not cross the Souris River and continue on to the location where he found Maltais.
Agent Danley also asked Maltais why his vehicle was facing south if he was traveling north to Canada. Maltais made a smart remark about backing into this location from a paved road. Agent Danley then informed Maltais that the nearest paved road was six miles away and then asked whether Maltais had backed up his truck and trailer for six miles to which Maltais responded, "yes." When Agent Danley asked Maltais additional questions about his reasons for being at this location, Maltais asked to speak to a lawyer. Agent Danley then told Maltais to return to his truck and stay there.
During this same period of time, Senior Patrol Agent Bernard G. Olson had been in radio contact with Agent Danley to inform him that the vehicle Maltais was driving was suspected of being involved in contraband smuggling. Agent Danley testified that he had been made aware of such suspicions prior to August 8, 2003. Agent Olson had been present at the Dunseith Port of Entry on June 10, 2003, when the truck and trailer were inspected. Agent Olsen requested that Agent Danley detain Maltais until he could get to the scene. Agent Danley approached Maltais, noticed he was talking on a cellular phone, and instructed him to exit the truck. Agent Danley then frisked Maltais and placed him in the back of his Border Patrol vehicle.
Maltais' version of his interaction with Agent Danley is somewhat different. See Affidavit of Maltais. Maltais states that when he asked Agent Danley whether there was a problem, Agent Danley said "no" and instructed Maltais to go wait in his truck and to obtain identification. After a few moments, Agent Danley approached Maltais and asked to see his passport. Maltais explained that he did not have a passport, but that he did have a Canadian driver's license and a birth certificate. Agent Danley briefly reviewed these items and then handed them back to Maltais. Agent Danley then asked Maltais questions about when he last entered the United States. Maltais answered that he entered the United States ten days ago via a flight from Vancouver, British Columbia to San Francisco, California. Maltais also stated that he entered the United States with his vehicle on July 4th at a border crossing between British Columbia and the state of Washington. According to Maltais, Agent Danley said he did not believe Maltais was telling the truth. Maltais then asked Agent Danley if he was under arrest and Agent Danley responded that he was not. Maltais asked if he was free to go and Agent Danley responded that Maltais was not allowed to leave. Maltais then asked why he was not allowed to leave and if he could speak to a lawyer. Agent Danley responded he was not done with his investigation and that Maltais could not leave.
According to Maltais, at this point Agent Danley got a call on his radio and stepped away from the truck. Agent Danley then came back to the truck and told Maltais to put the truck keys on the passenger seat. Agent Danley then went back to his patrol vehicle. Agent Danley once again came back to the truck and asked Maltais to step out of the truck. Agent Danley then frisked Maltais and placed him in the back of the Border Patrol vehicle. Maltais stated this happened at approximately 1:00 a.m.
From this point forward, the facts are virtually uncontested. Maltais was placed in the back of Agent Danley's patrol vehicle. Agent Olson contacted Special Agent Chris Guyer in Minot to inform him that Agent Danley had stopped Maltais with the Dodge truck and Fleetwood trailer. As a result of previous intelligence reports and investigations, Agent Guyer believed that Maltais was a suspected member of the "Tetz Organization," a group which the Royal Canadian Mounted Police and the Canada Customs and Revenue Agency suspected was smuggling marijuana and currency into North Dakota from Manitoba, Canada. Agent Guyer also knew that on June 10, 2003, Maltais had been stopped at the Dunseith, North Dakota, Port of Entry with the exact vehicles in question here. Agent Olson was approximately 100 miles away when he first spoke to Agent Danley that evening. Agent Olson testified that he drove through Rolla, North Dakota at approximately 1:30 a.m. Shortly thereafter, Agent Olson requested the assistance of a drug dog. Numerous radio transmissions occurred while Agent Olson was enroute to locate and secure the assistance of a drug dog and handler. Agent Olson requested the assistance of a drug detecting dog from the Bureau of Indian Affairs Turtle Mountain Agency. BIA Officer Stacy LaRocque testified that he received a radio call from Agent Olson at approximately 1:30 a.m. requesting canine assistance. Officer LaRocque obtained approval from his supervisor to provide such assistance around 2:00 a.m. Officer LaRocque was in Belcourt which was 60 miles from the area where Maltais had been detained. Between 2:40 and 3:10 a.m., Agent Guyer, Agent Olson, Bottineau County Sheriff's Deputy Terry DeWitt and BIA Officers Stacey LaRocque and Officer Robert Hulett arrived at the scene. At approximately 3:00 a.m. Agent Olson identified Maltais as the same individual he had dealt with during the June 10, 2003, inspection of the truck trailer at the Dunseith Port of Entry. At approximately 3:15 a.m. Agent Olson asked Maltais for consent to search the truck and trailer. Maltais denied consent.
At approximately 3:30-3:35 a.m., Officer Hulett conducted a sweep of the truck and trailer with his drug detecting dog, "Adar." The dog immediately alerted to the presence of contraband at the rear of the trailer and twice near the trailer's side door. Agent Danley opened the trailer's side entry door and saw several black duffel bags containing plastic vacuum-sealed bags filled with a green leafy substance that appeared to be marijuana. The agents also found signs...
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