U.S. v. McCain, No. 76-2628
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before WISDOM, GEE and FAY; FAY; GEE |
| Citation | 556 F.2d 253 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Deborah Ann McCAIN, Defendant-Appellant. |
| Docket Number | No. 76-2628 |
| Decision Date | 20 July 1977 |
Page 253
v.
Deborah Ann McCAIN, Defendant-Appellant.
Fifth Circuit.
Theodore J. Sakowitz, Federal Public Defender, Michael Doddo, Miami, Fla., for defendant-appellant.
Page 254
Robert W. Rust, U. S. Atty., Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before WISDOM, GEE and FAY, Circuit Judges.
FAY, Circuit Judge:
Deborah Ann McCain was convicted, following a non-jury trial, of importation of 178 grams of cocaine and possession with intent to distribute cocaine. 1 The only issue the defendant raises on appeal is whether the trial court erred in refusing to suppress a statement she made and the physical evidence obtained therefrom, because they were obtained in violation of the dictates of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We agree with the defendant's contention, and, therefore, reverse.
The defendant, Deborah Ann McCain, flew into Miami International Airport on January 27, 1976 from Colombia. Upon deplaning, she proceeded to Customs and presented herself and her luggage to Customs Inspector Rollins. Rollins noticed that she appeared very nervous and that her voice cracked. The defendant was wearing tight fitting clothes which revealed a bulge in her abdominal area. Further, the defendant was a young, single female traveling alone, and her duration of stay in Colombia was short. These characteristics are traits which customs inspectors have found to be indicative of drug smugglers. Based upon these indicia, Rollins believed a secondary search was warranted. Rollins informed his supervisor, Inspector Korzeniowski, of the circumstances and Korzeniowski concurred. The defendant was taken to the secondary search room where two female customs inspectors conducted a strip search. This search produced no incriminating evidence. Upon being informed of the unproductive search, Agent Korzeniowski entered the secondary search room and handed the defendant a booklet made up of newspaper clippings reflecting a number of tragedies which had occurred when people had attempted to hide narcotics in their body cavities. 2 After reading this booklet, the defendant's bags were removed to a customs enclosure where Inspector Rollins re-inspected the luggage. The defendant was taken into the supervisor's office, and Inspector Korzeniowski talked to the defendant for some seven or eight minutes while her luggage was being searched. Korzeniowski testified, and the trial court found in its findings of facts, that the inspector talked to the defendant as "a father might talk to a daughter, and he told her that these were very serious matters, that she could harm herself seriously, perhaps even cause her death, if she was in fact carrying contraband in her body and if any of these containers ruptured and this narcotic substance was in immediate contact with her body or her internal organs". (T 116). Following this, Agent Korzeniowski testified that the defendant turned white, hung her head down and blurted out that, "Yes, I do have narcotics in my body." (T 71). The defendant was then allowed to remove the narcotics from her body. After removing the cocaine, the defendant was placed under arrest and for the first time advised of her rights.
Ms. McCain argues that the trial court erred in denying her motion to suppress her admission that she had cocaine on her body, and the physical evidence that was obtained as a result of that admission. The defendant's argument rests solely on the fact that the customs officers failed to advise the defendant of her Miranda rights until after the statements and evidence were obtained.
Page 255
Miranda declared that warnings are required whenever the person being interrogated is in custody or otherwise deprived of his or her freedom of action in any significant way. This Court uses a case by case approach in determining whether there has occurred a custodial investigation. United States v. Montos, 421 F.2d 215 (5th Cir. 1970); cert. denied 397 U.S. 1022, 90 S.Ct. 1262, 25 L.Ed.2d 532. This determination is often a difficult one, and this is especially true in border control situations since it is totally impractical to provide every person who crosses the border the right to a lawyer, etc., before asking that person routine questions. 3
This Court has previously examined border situations which were held to be sufficiently custodial so as to require Miranda warnings. In United States v. Salinas, 439 F.2d 376 (5 Cir. 1971) we explained that pursuant to 19 U.S.C. § 1582, customs agents are given the power to search out and intercept contraband items and smugglers at the border. Thousands of persons enter the country daily and are subject to some degree of detention...
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Royer v. State, No. 78-1050
...U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); Barfield v. Alabama, 552 F.2d 1114 (5th Cir. 1977). The case of United States v. McCain, 556 F.2d 253 (5th Cir. 1977), is distinguishable on the facts. Consent can validate a warrantless search despite lack of warning. On the question of whethe......
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U.S. v. Jayyousi, No. 08–10494.
...Moya, 74 F.3d at 1120. The only precedential decision relied on by the dissent that involves a border crossing is United States v. McCain, 556 F.2d 253 (5th Cir.1977), where our predecessor court explained that being forced to abandon one's luggage was “itself ... a sufficient restriction o......
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U.S. v. Henry, No. 78-5371
...to the United States, and was, therefore, routine. United States v. Salinas, 439 F.2d 376 (5 Cir. 1971); United States v. McCain, 556 F.2d 253 (5 Cir. We conclude that there was no subjective intent on the part of the first inspector to hold the Appellant in custody. (3) Subjective Belief o......
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Nash v. Estelle, No. 75-3772
...A showing of an official's good faith does not compel a finding that there has been no constitutional violation. See U. S. v. McCain, 556 F.2d 253, 256 (CA5, 1977) ("The fact that the inspector was acting out of concern for the defendant's well-being does not eliminate the requirements of M......
-
Royer v. State, No. 78-1050
...U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); Barfield v. Alabama, 552 F.2d 1114 (5th Cir. 1977). The case of United States v. McCain, 556 F.2d 253 (5th Cir. 1977), is distinguishable on the facts. Consent can validate a warrantless search despite lack of warning. On the question of whethe......
-
U.S. v. Jayyousi, No. 08–10494.
...Moya, 74 F.3d at 1120. The only precedential decision relied on by the dissent that involves a border crossing is United States v. McCain, 556 F.2d 253 (5th Cir.1977), where our predecessor court explained that being forced to abandon one's luggage was “itself ... a sufficient restriction o......
-
U.S. v. Henry, No. 78-5371
...to the United States, and was, therefore, routine. United States v. Salinas, 439 F.2d 376 (5 Cir. 1971); United States v. McCain, 556 F.2d 253 (5 Cir. We conclude that there was no subjective intent on the part of the first inspector to hold the Appellant in custody. (3) Subjective Belief o......
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Nash v. Estelle, No. 75-3772
...A showing of an official's good faith does not compel a finding that there has been no constitutional violation. See U. S. v. McCain, 556 F.2d 253, 256 (CA5, 1977) ("The fact that the inspector was acting out of concern for the defendant's well-being does not eliminate the requirements of M......