United States v. John Irving Hillison, United States of America v. Murray David Jacobson, United States of America v. Jeffrey Ketchum Mansfield

John Hillison, Murray Jacobson and Jeffrey Mansfield were each convicted of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846 , and possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 , based on evidence obtained on April 8 and 9, 1982. Each appellant appeals on the ground that the evidence used to convict him was obtained in violation of the Fourth Amendment. Jacobson additionally contends that the evidence was insufficient to support his conviction. We affirm the convictions of all three defendants.

I

FACTS

On April 7, 1982, at about 2:30 p.m., federal drug agent Gary Kircher saw appellants Hillison and Jacobson arrive at San Diego International Airport on a flight from Denver, Colorado. Jacobson was carrying a briefcase and a rectangular canvas bag; Hillison carried a backpack. The two men proceeded directly to a car rental counter where Jacobson rented a car. Kircher decided that the pair merited further surveillance because they frequently glanced about and because they appeared unduly concerned about people standing nearby.

After Hillison and Jacobson boarded the car rental shuttlebus, Kircher examined…

dissenting in part:

I concur in the majority opinion upholding the convictions of Hillison and Jacobson, but I respectfully dissent from section II B, which upholds the conviction of Mansfield. The majority finds probable cause to arrest Mansfield based simply on his association with Jacobson and Hillison and little else. The agents saw Mansfield with Hillison and Jacobson in Mansfield’s car and around the motel where they all were staying. They also had some information Mansfield had rented a car in a different name from the name he used to rent his motel room. This was the sum of the arresting officers’ knowledge about Mansfield when they stopped him in the McDonald’s parking lot. On the basis of this information, they held him for five hours awaiting a warrant to search the trunk of his car.

The majority acknowledges, as it must, that “a person’s mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause.” Ybarra v. Illinois, 444 U.S. 85, 91 , 100 S.Ct. 338, 342 , 62 L.Ed.2d 238 (1979); see also United States v. Di Re, 332 U.S. 581, 593 , 68 S.Ct. 222, 228 , 92 L.Ed. 210 (1948). In United States v. Vaughan, 718…

733 F.2d 692 UNITED STATES of America, Plaintiff-Appellee, v. John Irving HILLISON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Murray David JACOBSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Ketchum MANSFIELD, Defendant-Appellant. Nos. 82-1525, 82-1535 and 82-1536. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1983. Decided May 22, 1984. As Amended on Denial of Rehearing Oct. 11, 1984. Patrick Swan, Asst. U.S. Atty., argued, Peter K. Nuney, U.S. Atty., Patrick Swan, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee. Barton C. Shella, III, San Diego, Cal., Brennan J. Newsom, San Francisco, Cal., Juanita Brooks, San Diego, Cal., for defendants-appellants. Appeal from the United States District Court for the Southern District of California. Before GOODWIN, TANG, and FLETCHER, Circuit Judges. GOODWIN, Circuit Judge. 1 John Hillison, Murray Jacobson and Jeffrey Mansfield were each convicted of conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. Sec. 846 , and possession of cocaine with intent to distribute, in violation of 21 U.S.C. Sec.…