US v. Springer
| Decision Date | 30 October 1990 |
| Docket Number | No. CR-90-23E.,CR-90-23E. |
| Parties | The UNITED STATES of America v. Asim SPRINGER. |
| Court | U.S. District Court — Western District of New York |
Asst. U.S. Atty., Thomas S. Duszkiewicz, Buffalo, N.Y., for Government.
Robert N. Convissar, Buffalo, N.Y., for defendant.
The abovenamed individual, by his assigned attorney, moved to suppress as trial evidence a quantity of cocaine found in his personal luggage and statements made by him. Involved is the scenario which has been often dealt with by the undersigned and other judges of this Court. See, U.S. v. St. Kitts, 742 F.Supp. 1218 (W.D.N.Y. 1990), U.S. v. Montilla, 733 F.Supp. 579 (W.D.N.Y.), reconsideration denied, 739 F.Supp. 143 (W.D.N.Y.1990), United States v. Murguia-Rodriguez, unpublished opinion, CR-89-219A (W.D.N.Y. July 11, 1990) and United States v. Ramos, unpublished opinion, CR-89-166A (W.D.N.Y. April 23, 1990).
A drug and drug-money interdiction team, comprised of Border Patrol officers and Drug Enforcement Agency agents in plain clothes, surveils an interstate bus terminal in downtown Buffalo, the Buffalo International Airport and the local railroad station or stations. The listed cases and the instant one stem from such operations at the bus terminal and, particularly, the arrival there early each morning of an express bus from New York City. Attention is directed at this bus because, it is said, it leaves New York City in the late evening when the police patrol and other enforcement activity is at an ebb and the operations are carried out with skeleton crews.
On February 7, 1990 Special Agent Johnson of the Drug Enforcement Agency and Border Patrolman Allman were at the bus terminal when the bus arrived. Both watched as the passengers disembarked. Johnson noted that Springer was looking at others and glancing over his shoulder and appeared to be apprehensive. He carried one bag from the bus and secured another from the bus's luggage compartment. Springer remained outside the terminal for a couple of minutes before he entered the terminal and watched as Allman led an arrested man to two uniformed policemen. Springer paced back and forth and then left the terminal building, going away from the curb and to a taxi stand. Johnson followed him, identified himself as a police officer and asked Springer if he would mind stepping back to and away from the curb. Johnson admitted, at the evidentiary hearing which was convened pursuant to the motion, that...
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U.S. v. Springer, 1288
...Asim Springer to suppress as trial evidence cocaine found in his suitcase and certain statements made by him. See United States v. Springer, 750 F.Supp. 79 (W.D.N.Y.1990). The district court granted the motion, concluding that the cocaine seized and the statements made were the tainted frui......
- Johns v. Coughlin, 90 C 2589.