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Railroaded: Evidence in Backpack Linking Defendant to Drugs on Train Not Subject to Suppression

By Shari Allison

US v. Davis, No. 07-2101, 7/31/08 - Denial of motion to suppress, conviction by jury and sentence for conspiracy to distribute PCP affirmed. Defendant flew into LA from Vegas and was questioned by cops, who also searched his backpack. Inside were $12,000 cash and travel itineraries, including one for another guy, Stewart. That itinerary led DEA to stop Stewart on an Amtrak train in Albuquerque. Agents find PCP in his backpack. The defendant moved pretrial to suppress the evidence found in his backpack in LA on ground that, although initially consensual, the encounter there turned into a seizure because the cops had seized his backpack, which meant he was not free to leave, and he did not give explicit verbal consent to the search of the backpack...continue to full post

Full post as published by Tenth Circuit Blog on August 01, 2008 (boomark / email).