United States of America V. Stewart

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To: Paralegal From: Supervisory Attorney Date: June 16, 2011 Re: United States v. Stewart Ch. 14, p. 382-3, Assignment 9 APPELLEE’S BRIEF IN OPPOSITION STATEMENT OF ISSUES I. Under the Fourth Amendment, should the evidence against defendant have been suppressed when it was obtained without a search warrant? II. Under the Fourth Amendment, does the defendant have a right to privacy when he abandoned his suitcase in an airport, and did not claim it when he learned it had been turned in to authorities? STATEMENT OF THE CASE Arnold J. Stewart, defendant, sat before a federal grand jury in Utah. He was indicted on November 21, 2007. He was charged with “possession with intent to distribute more than 100 grams of heroin in violation of 21 U.S.C. Sections 841(a)(1) and 841(b)(1)(B).” Stewart filed a motion to suppress the physical evidence on January 7, 2008. The federal court denied his motion on February 14, 2008. The trial court ruled that the suitcase was abandoned, defendant did not express possession after learning its location, and since defendant abandoned the suitcase, he did not have an expectation of privacy in the suitcase or its contents. Defendant entered a conditional guilty plea on March 6, 2008. Defendant appealed his suppression hearing under his right to appeal. The court sentenced him to be imprisoned for sixty months. This would be followed by supervised release for three years. On April 29, 2008, defendant filed his appeal. STATEMENT OF FACTS Arnold J. Stewart, defendant, was at the airport one hour and fifteen minutes before his scheduled flight on October 15, 2007. He had one suitcase that he was planning to carry onto the flight. His flight was going to leave from gate nine, but he waited at gate eight because it was less crowded. He made the decision to get something to eat. Defendant asked a nearby stranger, Larry Holt, to

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