U.S. v. Prichard, Nos. 79-2280
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | Before McWILLIAMS, BARRETT and SEYMOUR; McWILLIAMS |
| Citation | 645 F.2d 854 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William Glenn PRICHARD and Brian De Palma, Defendants-Appellants. |
| Docket Number | Nos. 79-2280,79-2281 |
| Decision Date | 11 May 1981 |
Page 854
v.
William Glenn PRICHARD and Brian De Palma, Defendants-Appellants.
Tenth Circuit.
Decided April 1, 1981.
Rehearing Denied May 11, 1981.
Page 855
R. E. Thompson, U. S. Atty., Albuquerque, N. M. (Don J. Svet, Asst. U. S. Atty., Albuquerque, N. M., with him on brief), for plaintiff-appellee.
Robert C. Hill, Miami, Fla. (Max P. Engel, Miami, Fla., with him on brief), of Engel, Aronson, Fried & Cohn, Miami, Fla., for defendants-appellants.
Before McWILLIAMS, BARRETT and SEYMOUR, Circuit Judges.
McWILLIAMS, Circuit Judge.
The central issue in this appeal is whether the search of a Ford Bronco, which resulted in the seizure of 86 pounds of cocaine having an estimated street value of $20,000,000, was lawful.
William Glenn Prichard and Brian David De Palma were charged by indictment with possession with an intent to distribute a quantity of cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Prior to trial, the defendants filed a motion to suppress wherein they sought to suppress, among other things, the use at trial of all physical evidence, including contraband, seized by New Mexico state police in a search of the Ford Bronco. After a five-day evidentiary hearing, the trial court denied the motion to suppress. A jury convicted both defendants and each appeals.
As indicated, the hearing on the motion to suppress was an extended one. The transcript of that hearing discloses that on July 29, 1979, at about noon, two New Mexico state police officers established a roadblock on Interstate Highway 40 approximately eight miles east of Moriarty, New Mexico. The stated purpose of the roadblock was to conduct a routine driver's license and car registration check. The officers candidly conceded, however, that if they observed indicia of other crimes during their check of drivers' licenses and vehicle registrations, they intended to enforce the law. The roadblock was conducted with the knowledge and permission of the officers' supervisor. The officers testified that it was their intent to stop all westbound vehicles, except for semi-trucks, which had already been stopped at a port of entry. When the cars began to "pile up," however, the officers would wave all of the stopped cars through in order to prevent the situation from becoming unduly hazardous. One officer estimated that they would allow no more than ten cars to back up before they waved all of the stopped cars on through. After they cleared the area, the officers would begin to stop cars again.
It was in this setting that at about two o'clock on the afternoon of July 29, 1979, Officer Jeff Faison, one of the New Mexico state police officers, stopped a 1979 Ford Bronco. Prichard was driving the Bronco and De Palma was the only passenger. On request, Prichard produced a valid California driver's license and a temporary registration of the vehicle in California in the name of "R. English." Prichard told Officer Faison that he had borrowed the car to go to a wedding in Memphis, Tennessee. Faison then attempted to make a NCIC computer check in order to determine whether the vehicle had been stolen, but the computer was out of order. Faison asked for the phone number and address of the registered owner, R. English, but neither Prichard nor De Palma gave him any information. Faison then requested, and received, permission to look in the glove compartment
Page 856
of the Bronco for identification. Inside the glove compartment, Faison found a Florida temporary transportation permit, an insurance card, and a warranty plan all made out to a Jack Taylor of Lake Worth, Florida, and a Florida Highway Patrol Inspection form made out to Friendly Ford. Faison also noticed a California license plate lying behind the passenger seat and detected a pungent odor emanating from the rear of the vehicle. Faison asked Prichard what the smell was, and, according to Faison, Prichard "flinched."Faison then directed the two to stand away from the vehicle, and he called for assistance from his fellow officer. According to the officers, they asked for, and received, consent to search the vehicle. Faison then got into the vehicle and climbed over the seat into the back of the Bronco. There he found a can of rose-scented odorant which had tipped over and formed a puddle. He also noticed several screws laying on the floor carpet and a loose side panel. Faison removed the loose panel and located ten bricks of what he initially believed to be marijuana. A field test, however, revealed that the substance was cocaine. A subsequent search of the Bronco, after it had been towed to a garage, disclosed nine additional bricks of cocaine. In searching the vehicle at the garage, Faison also discovered: (1) a roll of masking tape in an ice chest in the rear of the Bronco, the...
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State v. Kirk
...courts have considered the constitutionality of roadblocks conducted for other purposes. See United States v. Prichard (10th Cir.1981) 645 F.2d 854 (evidence seized at roadblock conducted for purposes of checking drivers' licenses and vehicle registrations held admissible); People v. Long, ......
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Garrett v. Goodwin, No. LR-C-82-385.
...474; United States v. Croft, 429 F.2d 884 (10th Cir.1970) (sustaining roadblock without much discussion); United States v. Prichard, 645 F.2d 854 (10th Cir. 1981), cert. den. 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 2.8 The United States Supreme Court has decided some immigration roadblock c......
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Com. v. Trumble
...roadblocks subject to guidelines that restrict police discretion are constitutionally permissible. See, e.g., United States v. Prichard, 645 F.2d 854 (10th Cir.), cert. denied, 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 110 (1981); State v. Superior Court, 143 Ariz. 45, 691 P.2d 1073 (1984); S......
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Little v. State, Nos. 158
...discussed in Deskins has led other courts to uphold the validity of roadblocks in varying circumstances. See United States v. Prichard, 645 F.2d 854 (10th Cir.1981), cert. denied, 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 110 (1981) (constitutionality of license and registration checkpoint at......
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State v. Kirk
...courts have considered the constitutionality of roadblocks conducted for other purposes. See United States v. Prichard (10th Cir.1981) 645 F.2d 854 (evidence seized at roadblock conducted for purposes of checking drivers' licenses and vehicle registrations held admissible); People v. Long, ......
-
Garrett v. Goodwin, No. LR-C-82-385.
...474; United States v. Croft, 429 F.2d 884 (10th Cir.1970) (sustaining roadblock without much discussion); United States v. Prichard, 645 F.2d 854 (10th Cir. 1981), cert. den. 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 2.8 The United States Supreme Court has decided some immigration roadblock c......
-
Com. v. Trumble
...roadblocks subject to guidelines that restrict police discretion are constitutionally permissible. See, e.g., United States v. Prichard, 645 F.2d 854 (10th Cir.), cert. denied, 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 110 (1981); State v. Superior Court, 143 Ariz. 45, 691 P.2d 1073 (1984); S......
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Little v. State, Nos. 158
...discussed in Deskins has led other courts to uphold the validity of roadblocks in varying circumstances. See United States v. Prichard, 645 F.2d 854 (10th Cir.1981), cert. denied, 454 U.S. 832, 102 S.Ct. 130, 70 L.Ed.2d 110 (1981) (constitutionality of license and registration checkpoint at......