U.S. v. Ukoha
| Decision Date | 07 July 1998 |
| Docket Number | No. 98-80027.,98-80027. |
| Parties | UNITED STATES of America, Plaintiff, v. Oge UKOHA, Clement Ugo Ezekwemba, Amobi Obioha, and Rosalyn Butler, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Ronald Waterstreet, Asst. U.S. Attorney, Detroit, MI, for Plaintiff.
Randall P. Upshaw, Lathrup Village, MI, for Defendant Ezekwemba.
Sue E. Radulovich, Grosse Pte., MI, for Defendant Ukoha.
Judith S. Gracey, Lathrup Village, MI, for Defendant Obioha.
Cyril C. Hall, Pontiac, MI, for Defendant Butler.
On January 27, 1998, defendants Oge Ukoha, Clement Ugo Ezekwemba, Amobi Obioha, and Rosalyn Butler were each indicted on two Counts: Conspiracy to Distribute Cocaine in violation of 21 U.S.C. § 846, and Possession with Intent to Distribute a Controlled Substance in violation of 21 U.S.C. § 841.
Defendant Ukoha individually, and defendants Obioha, Ezekwemba, and Butler collectively now move this court to rule (1) that their arrests were illegal because stops by law enforcement officers of the vehicles they occupied were not supported by probable cause; (2) that searches of the vehicles by law enforcement officers were conducted without probable cause; (3) that law enforcement officers did not obtain search warrants or valid consents to search the vehicles; (4) that any alleged consent to searches of the vehicles was tainted by police illegality; (5) that defendants' arrests were products of unlawful stops and searches; and (6) that defendants' post-arrest statements are fruits of unlawful arrests, and all evidence obtained from the illegal searches of the vehicles and illegal arrests of the defendants should be suppressed.
On January 9, 1998, Federal Task Force Agents, working with the FBI, monitored passenger traffic at the Detroit Greyhound Bus Station, and looked for drug traffickers. At approximately 8:45 p.m. agents observed defendant Oge Ukoha (Ukoha) exit an inbound bus from Chicago, IL, carrying a blue nylon duffle bag. Agent Burns1 of the FBI anti-drug task force and another agent approached Ukoha, identified themselves, explained that they were involved in the investigation of transportation of drugs and drug money by bus, and interrogated him. By questioning Ukoha, the agents discovered that he had traveled from Texas to Chicago and then to Detroit (a two day trip). Ukoha's bus ticket and identification card listed 1201 Wilcrest, # 189, Houston, TX as his address.
When the agents questioned Ukoha as to the purpose of his trip, he stated he was traveling to the Detroit area, for one day, to visit a friend named "Sam," and that he planned to return home to Texas after this short visit. The agents state that Ukoha consented to a search of his belongings, which revealed that his duffle bag contained only a bathroom bag, two accounting books, and a leather jacket. When they dismissed him, they observed him enter a cab at approximately 9:00 p.m. They conducted a Law Enforcement Information Network check, and discovered Ukoha had been convicted of possession of marijuana in Houston, in November, 1996. They noted too that after such a long trip for a planned short visit, Ukoha's friend Sam did not meet him at the bus station. Consequently, when he took a cab, the agents tailed it. The cab arrived at Marvin's Gardens Inn, in Southfield, MI, at approximately 9:30 p.m. The inn's employees informed Agent Burns that Ukoha registered for one night, that he told inn employees that two people would occupy his room, and that he paid for his room in cash. They also informed Agent Burns that Ukoha registered his home address as 7350 Regency Square Court, Houston, TX, not the address on his Texas identification card, and that Ukoha occupied room number 276. Drawing upon their law enforcement experience, the agents' suspicions grew as to Ukoha's probable involvement in drug trafficking. They therefore set up surveillance on his hotel room.
Agents also observed defendants Butler (as passenger) and Ezekwemba (as driver) arrive at the Marvin's Gardens Inn, in a cab, at approximately 11:30 a.m. on January 10, 1998. As they exited the cab, agents observed that Butler carried a black leather purse. Butler and Ezekwemba went to a side door of the inn together where they were met by Ukoha. Approximately twenty minutes later, Butler and Ezekwemba exited the inn through the same side door. Agents noted that in addition to her purse, Butler now carried a white plastic bag. She entered the rear of the cab, Ezekwemba entered the driver's seat, and they departed. The agents conducting surveillance at the inn had other agents follow the cab.
At approximately 12:26 p.m. the same day, agents of the FBI anti-drug task force remaining at the inn observed Ukoha exit the side door of the inn carrying the blue duffle bag and a black garment bag. Ukoha walked over to the area outside the inn's lobby, and waited. At approximately 12:30 p.m. they observed Obioha drive up to the inn in a Ford Escort (Escort). Ukoha placed the blue duffle bag and the black garment bag in the back seat of the Escort. He then entered the front passenger seat, and he and Obioha departed in the Escort. After Ukoha and Obioha left the inn, Agent Burns contacted local police in Southfield and told them the agents believed the occupants of the Escort were involved in drug distribution. He asked the Southfield police to make an investigatory stop of the Escort. During the time agents followed the Escort, Obioha executed a U-turn the agents believe was intended to discover the presence of cars following him. At this time Agent Burns observed that Obioha operated the Escort with a cracked windshield, a violation of Michigan traffic laws.
After receiving radio information from their dispatcher that agents suspected that the occupants of the Escort were involved in drug trafficking, and after speaking in person with Agent Farago2 of the FBI anti-drug task force, Southfield Police Officers Toupin and MacDonald justifiably stopped the Escort for "an identification" at approximately 12:50 p.m. Toupin Testimony, Evidentiary Hearing of April 27, 1998, pp. 109-I, 111-I, 115-I. Officer Taylor of the Southfield police arrived after the stop, to assist Officers Toupin and MacDonald. Officer Toupin states they spoke with Obioha and obtained his consent to search the Escort. Obioha denied ownership of the blue duffle bag and the black garment bag. Officer Toupin states they then spoke with Ukoha and obtained his consent to search these bags. They discovered both a board game box containing 1 kg. of cocaine, and a white plastic bag containing $19,000.00 in U.S. currency, inside the blue duffle bag.
Meanwhile, Agent Heins3 of the FBI anti-drug task force contacted the Redford, MI police and told them the agents believed the occupants of the cab were engaged in drug trafficking. Agent Heins states he observed the cab make an illegal lane change. He asked the Redford police to make an investigatory stop of the cab. After receiving radio information from his dispatcher that agents suspected that the occupants of the cab were involved in drug trafficking, Redford Police Officer Gillman stopped the cab for identification at approximately 12:25 p.m. Gillman Testimony, Evidentiary Hearing of April 27, 1998, pp. 119-20-I. Redford Police Officer Hanish, driving a separate police cruiser, assisted Officer Gillman in making the stop. Based on the information they received from federal agents, Officers Gillman and Hanish had a justified suspicion that the cab's occupants were involved in drug trafficking. The officers spoke with Ezekwemba and Butler, and had them exit the vehicle for a pat-down and check of their personal property for officer safety.
Butler volunteered, as an explanation for her presence in the cab, that she was simply a fare whom Ezekwemba picked up at the "Tel-12 Mall." She stated she had just finished shopping at the "Toys-R-Us" store there. Butler cooperated with Officers Gillman and Hanish, and was not placed under arrest. Officer Hanish asked if she would wait in the back of his police cruiser while the officers investigated. He asked to look in her bags, at which time he noted that Butler carried a purse and a white plastic bag containing a board game. He placed Butler's bags in the front of his police cruiser, and Butler entered the back of the cruiser to wait. He then went to assist Officer Gillman with Ezekwemba.
Officers Gillman and Hanish state that after exiting the cab, Ezekwemba became very upset about being stopped, and then became combative. He attempted to pull away from the officers and, during an ensuing struggle, pushed himself and Officer Hanish away from a police cruiser and into traffic. Officers Gillman and Hanish then tackled, arrested, and handcuffed him. Agent Heins assisted them. Because Ezekwemba fought with the officers, they charged him with resisting a police officer, and with assault and battery on a police officer. They took both Ezekwemba and Butler to the Redford police station. The officers state that Butler voluntarily accompanied them to the station.
While waiting at the Redford police station, Butler contacted her niece Carole Butler (Carole), and asked her to come to the station. Carole drove to the station in Butler's car. Upon Carole's arrival, Butler gave her the white bag containing the board game, and told her to take the bag with her. Carole placed the bag in Butler's car, and left it there. She traveled to Butler's home, attended to duties there, and then returned to the police station in the same car.
After agents and Southfield police discovered cocaine in the board game possessed by Ukoha, they called and informed Redford police of their findings. Upon receiving this information, the Redford Police recalled that Butler possessed a board game, and they arrested her...
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