United States v. Jackson Earl Belcher

Jackson Earl Belcher was carrying cocaine in his shoulder bag upon his arrival at Seattle-Tacoma International Airport. The district court found that the drug enforcement agents did not have probable cause to seize Belcher’s shoulder bag. Therefore the district court granted Belcher’s motion to suppress the cocaine found in the subsequent search of the shoulder bag. The government appeals the district court’s decision.

On May 21, 1981, two Florida based Drug Enforcement Administration Task Force officers called a DEA agent at Seattle-Tacoma International Airport. They advised the Seattle agent that they had just observed a suspicious individual board a flight to Atlanta with a connecting flight to Seattle. Their attention had been drawn to this individual because he had been weaving, and in general, acting nervously. The agents stated that as the individual approached the magnetometer, he hesitated and watched as others passed before he proceeded through. He then went to a men’s room where he entered one of the toilet stalls and appeared to place something into his hand-carried luggage. Approximately five minutes later, the suspect exited the men’s room and boarded his flight.…

concurring in the judgment.

I would affirm on the ground that the initial investigatory stop amounted to a seizure, United States v. Patino, 649 F.2d 724, 726-27 (9th Cir. 1981), and the DEA agent did not have reasonable suspicion to make the seizure, see Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868, 1879 , 20 L.Ed.2d 889 (1968). The record supports the district court’s factual finding that Belcher “reasonably believed that he . .. was not free to leave.” Patino, 649 F.2d at 726-27 . The agent’s only justification for making the seizure was the presence of factors such that Belcher “fit the so-called ‘drugs courier profile.’ ” Reid v. Georgia, 448 U.S. 438, 440 , 100 S.Ct. 2752, 2753 , 65 L.Ed.2d 890 (1980). The presence of these factors alone could not, “as a matter of law,” give the agent reasonable suspicion to seize Belcher. Id. at 441 , 100 S.Ct. at 2754 .

Since I would affirm on this ground, I need not reach the question of the seizure of Belcher’s shoulder bag. Nonetheless, I am troubled by the majority’s attempt to reconcile the decisions in United States v. Martell, 654 F.2d 1356 (9th Cir. 1981), and United States v. O’Connor, 658 F.2d 688 (9th Cir. 1981). I cannot…

685 F.2d 289 UNITED STATES of America, Plaintiff-Appellant, v. Jackson Earl BELCHER, Defendant-Appellee. No. 81-1482. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 5, 1982. Decided Aug. 24, 1982. Francis J. Diskin, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellant. Robert J. Wayne, Richard J. Troberman, Seattle, Wash., for defendant-appellee. Appeal from the United States District Court for the Western District of Washington. Before KENNEDY, FARRIS and NORRIS, Circuit Judges. FARRIS, Circuit Judge: 1 Jackson Earl Belcher was carrying cocaine in his shoulder bag upon his arrival at Seattle-Tacoma International Airport. The district court found that the drug enforcement agents did not have probable cause to seize Belcher's shoulder bag. Therefore the district court granted Belcher's motion to suppress the cocaine found in the subsequent search of the shoulder bag. The government appeals the district court's decision. 2 On May 21, 1981, two Florida based Drug Enforcement Administration Task Force officers called a DEA agent at Seattle-Tacoma International Airport. They advised the Seattle agent that they had just observed a suspicious individual…