U.S. v. Olcott, 77-5539
| Decision Date | 03 March 1978 |
| Docket Number | No. 77-5539,77-5539 |
| Citation | 568 F.2d 1173 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Maureen Cathy OLCOTT, Defendant-Appellant. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Michael J. Doddo, Miami, Fla. (court appointed), for defendant-appellant.
Kevin M. Moore, Asst. U. S. Atty., J. V. Eskenazi, U. S. Atty., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before RONEY, GEE and FAY, Circuit Judges.
Maureen Cathy Olcott appeals her conviction upon a bench trial of importation and possession with intent to distribute 147.3 grams of cocaine, in violation of 21 U.S.C.A. §§ 952(a), 960(a)(1), and 841(a)(1). The sole issue presented on this appeal is whether the trial court erred in denying Olcott's motion to suppress the cocaine. The district court held that the strip search of defendant was supported by reasonable suspicion. We affirm.
Defendant Olcott arrived at Miami International Airport on Braniff Airlines Flight No. 908 from Bogota, Colombia, on January 28, 1977. She presented herself and her luggage for inspection by Customs Inspector Charlotte Edmonds. Defendant told Edmonds that her one-week trip had been primarily for business and that she planned to import goods made in Colombia. She stated she did not have a name for her new business, but displayed a recently acquired Dade County, Florida license which she said "amounted to a peddler's license." She also said that she had made a similar trip the month before. Defendant mentioned that she had obtained the money for the trip from her parents' real estate business, where she earned $1,000 per month by typing closings in real estate deals and in commissions.
Customs Inspector Edmonds testified that she had been so employed for seven years, during which time she had made ten to twelve narcotic seizures. Ms. Edmonds testified that she knew that most seizures of cocaine come from Colombia. She also stated that defendant Olcott had been wearing heavy clothing that made her appear bulky around the midsection. When defendant went to close her suitcase, Ms. Edmonds observed that she did not bend over, but rather stooped or squatted.
Inspector Edmonds testified that she "didn't buy" Olcott's story concerning the alleged business purpose of her trips to Bogota. Defendant had some swatches of leather in her luggage, but she had "no samples or anything else." Ms. Edmonds testified that defendant "had practically nothing to show me that she had accomplished on this trip." When Ms. Edmonds put on a light to call a senior inspector, defendant "became a little bit apprehensive and worried."
Olcott testified that she was dressed as she was because of the cold weather. She said that she had 20 to 30 leather swatches, with prices marked on them, and business cards from leather goods dealers that she had gone to see.
Inspector Edmonds testified that on the basis of her training and experience involving narcotics traffic, and defendant's appearance, movements and responses, she concluded that a strip search was warranted. After obtaining permission from a supervisor, Ms. Edmonds and another female inspector had defendant strip. They found the cocaine in two plastic bags which had been sewed into the cups of defendant's brassiere.
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U.S. v. Vega-Barvo
...fit drug courier profile, was overly helpful in search of luggage, acted extremely nervous, and wore bulky clothing); United States v. Olcott, 568 F.2d 1173 (5th Cir.1978) (suspect fit drug courier profile, was unable to produce business effects though purportedly on business trip, and wore......
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U.S. v. Walters, 78-5323
...appellant was hiding contraband under her heavy clothing. See United States v. Barger, 574 F.2d 1283 (5th Cir. 1978); United States v. Olcott, 568 F.2d 1173 (5th Cir. 1978). C. Consent The government alternatively argues that appellant consented to the search. Viewing the totality of the ci......
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U.S. v. Reyes
...knows that Colombia is one of the principal sources of such narcotics. Customs inspectors have so testified. United States v. Olcott, 568 F.2d 1173, 1174 (5th Cir.1978). In case after case, the courts have expressed their agreement. We have described Colombia as "a well-known, perhaps the p......