United States v. David Rowland Lee Vaughan

This is an interlocutory appeal by the United States from an order of the District Court granting appellee Vaughan’s motion to suppress evidence. Jurisdiction over this appeal exists under 18 U.S.C. § 3731 (1976).

I

Factual Background

This case arises out of the Government’s efforts to investigate and prosecute the members of a large-scale drug smuggling conspiracy. Only the facts surrounding the search and seizure of Vaughan’s vinyl briefcase are at issue here.

On November 5, 1981, appellee Vaughan was riding in the back seat of a car driven by Edward Otero. Robert Lahodny was a passenger in the front seat. Agent Clem of the San Diego Narcotics Task Force stopped the ear about two blocks from Lahodny’s house. Otero had been indicted by a grand jury and a warrant was out for his arrest. The agents also had a probation violation warrant for Lahodny. At this time, the agents did not know the identity of appellee.

When the car was stopped all three people got out. Agent Clem drew his gun and ordered them to “freeze.” Vaughan, carrying the briefcase under his arm, started to walk away. Agent Clem brought Vaughan back to the car and Vaughan started walking away again. Agent Clem…