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UNITED STATES v. GANDY
January 25, 1989
UNITED STATES OF AMERICA
The opinion of the court was delivered by: PRATT
JOHN H. PRATT, UNITED STATES DISTRICT JUDGE
This matter came on for hearing on defendant's motion to suppress. Based on the written submissions of the parties, the court makes findings of fact
and enters conclusions of law as follows:
1. On December 7, 1988 at 7:40 p.m., defendant arrived at the Greyhound-Trailways Bus Terminal, 1005 First Street, N.E., Washington, D.C. after a trip from New York.
2. Detectives Zattau, Beard, Curley and Brennan, Metropolitan Police Department officers of long experience and members of the Drug Interdiction Program, were on duty at the Terminal. Dressed in plain clothes, they were at the Terminal to survey incoming passengers.
3. One of those passengers, a male later identified as Shawn Williams,
was seen exiting the bus without luggage and walking quickly out of the station. Detective Beard stopped him and asked questions concerning his travel.
4. Later, defendant was seen by Detective Curley to depart from the bus and walk out of the station. She then noticed that Beard was interviewing Williams, stopped and appearing to be nervous, resumed her walk proceeding south on First Street, N.E.
5. Defendant carried no luggage and did not fit the "courier profile" employed by the police in examining incoming passengers from Florida and New York.
6. Zattau and Brennan, police officers experienced in the detection of narcotics carriers, decided to follow defendant as she proceeded down First Street, N.E. They were in an unmarked cruiser with Brennan at the wheel.
8. Zattau got out of the passenger side, and while standing in the street, addressed defendant, who was standing on the curb. Williams was three feet to the rear and left of defendant, and Brennan was fifteen feet away.
9. After Zattau had identified himself as a police officer, defendant agreed to answer his questions. She responded, hesitantly, that she had gotten off the bus from New York, and produced the receipt for her ticket. Defendant's Ex. 1. She would give no details as to where she was headed or where she was to meet her "friends." She answered these questions hesitantly and glanced at Williams standing nearby. Zattau then told defendant he was in the Drug Interdiction Program engaged in the duty of drug interception. Defendant, when asked by Zattau whether she would have "any problem" with his searching her coat, indicated no objection and raised her arms. It is undisputed that Zattau did not grab her or threaten her by tone of voice or by his actions, and did not display a weapon.
10. In patting defendant down, Zattau felt a "large, rough, textured material" in defendant's left pocket. Inside was a paper bag, containing 106 Ziplock plastic bags ...
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