United States v. Ward, Cr. No. 76-260-C.

• Decision Date: 06 December 1976
• Docket Number: Cr. No. 76-260-C.
• Parties: UNITED STATES of America, Plaintiff, v. Patrick Donald WARD, Defendant.
• Court: U.S. District Court — Western District of Oklahoma

431 F. Supp. 66

UNITED STATES of America, Plaintiff, v. Patrick Donald WARD, Defendant.

Cr. No. 76-260-C.

United States District Court, W. D. Oklahoma.

December 6, 1976.

David L. Russell, U. S. Atty. by William S. Price, Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff.

Ronald L. Howland, Oklahoma City, Okl., for defendant.

ORDER

DAUGHERTY, District Judge.

Defendant, Patrick Donald Ward, stands charged by a two-count Indictment with having willfully and knowingly introduced into and upon the grounds of the El Reno Federal Reformatory, marihuana, in violation of Title 18, United States Code, Section 1791, and Title 28, Code of Federal Regulations, Section 6.1, and with possession with intent to distribute marihuana in violation of Title 21, United States Code, Section 841(a)(1). The defendant has filed herein a Motion to Suppress seeking the exclusion at trial of certain incriminating oral and written statements given on October 9, 1976, to Special Agent George Zeigler of the Federal Bureau of Investigation, in the presence of Orvis Mowery, Investigative Officer, at the El Reno Federal Reformatory. The defendant also seeks to suppress approximately two pounds of marihuana recovered on October 9, 1976, from Patrick Donald Ward at the parking lot on the grounds of the El Reno Reformatory by Special Agent George R. Zeigler of the Federal Bureau of Investigation. The defendant alleges that an illegal search and seizure of the marihuana was in violation of the Fourth Amendment, and that the incriminating statements were obtained in violation of his Constitutional rights as stated in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). An evidentiary hearing on the defendant's Motion was conducted on November 29, 1976, wherein the defendant appeared personally and with counsel, Ronald Howland, and the Government appeared by William S. Price, Assistant United States Attorney for the Western District of Oklahoma. During the evidentiary hearing on defendant's Motion, the following relevant facts were developed:

Orvis Mowery, Investigative Officer at the Federal Reformatory, testified that on September 25, 1976, he observed two outgoing letters from inmate Rodger G. O'Lien. One letter was addressed to a Rita Landrum, Jacksonville, Arkansas, and discussed a "Pat and Rita" coming to the Reformatory on December 9, and staying that Saturday and Sunday. The other letter was addressed to a "Diana" and referred to a "Pat", "Tish", and "Rita" bringing some "doobbiieess." Also in the letter, the inmate referred to going out to California and rolling some "doobbiieess." From a reading of these letters, Mowery suspected that the term used was a code for marihuana and that introduction of contraband might be attempted on the week-end of October 9, 1976. O'Lien's visitor file was checked and the only "Pat" who had visited before was a Pat Ward.

Two weeks later on October 9, 1976, two visitors identifying themselves as Pat Ward and Rita Landrum came to the Reformatory to visit Rodger G. O'Lien. Special Agent George Zeigler of the Federal Bureau of Investigation was immediately called by Orvis Mowery. The defendant and Rita Landrum were asked by Mowery to have a seat in the Investigative Lieutenant's Office, that the FBI wanted to talk to them. No interview was conducted until Agent Zeigler and Agent Lillian Mikalonis arrived at the Reformatory and Agent Zeigler advised the defendant, Patrick Donald Ward, of his rights. Ward stated he understood his rights and executed a waiver form prior to his interview. Ward, at the first of the interview, denied he was introducing contraband but volunteered that he had an amount of marihuana in his car parked in the Reformatory parking lot or at his home. Ward's person was then searched with negative results. Ward then voluntarily conducted Agent Zeigler out to his car. While Agent Zeigler stood outside the car, Ward began searching through a canvas bag in his car. Ward was then asked to place the canvas bag on the front seat. Agent Zeigler then observed from outside the car that the open bag was filled with a large number of colored balloons, which were not blown up, but filled with something. The agent stated that Ward had a problem, and Ward acknowledged that he had a problem. Ward then handed the canvas bag to Agent Zeigler. They both walked back to the Investigative Lieutenant's Office where Ward emptied the contents of the canvas bag onto the desk. The bag contained over 40 balloons filled with marihuana and a small bottle. At the Investigative Lieutenant's Office, Ward was again shown the advice of rights form he had previously signed, asked if he understood those rights, to which he replied affirmatively. Then Ward told Agent Zeigler the full details of how he had bought the marihuana in Arkansas for $270, packaged it in the balloons, and was taking it to deliver to inmate O'Lien in the Reformatory. Ward gave both an oral confession and a signed statement to Agent Zeigler at this time. The defendant was then allowed to leave the Reformatory. Ward was later arrested on November 4, 1976, following his Grand Jury Indictment on November 1, 1976. No statements were taken at that time.

Lieutenant Mowery also testified that the parking lot where the defendant's car was located is on the grounds of a Federal penal institution. It is within the main gate, and only outside entrance, to El Reno Reformatory. When ...