United States v. Kelvan Brown, 884 F.2d 1309 (9th Cir. 1989). · Go Syfert
United States v. Kelvan Brown, 884 F.2d 1309 (9th Cir. 1989). Cases Citing This Book View Copy Cite
104 citation events (52 in the last 25 years) across 15 distinct courts.
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At page 1311 Determining when police contact constitutes a seizure29 citing cases“the brief detention of the defendant's bags would have in no way interfered with his travel or frustrated his expectations with respect to his luggage.”2 citing courts quote it · passage not found verbatim in the opinion (91%) · passage not found verbatim in the opinion (89%) · 26 listed here
  • Tina Cates v. Bruce Stroud, 976 F.3d 972 (9th Cir. 2020).published
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir. 1989).
  • United States v. Hughes, 273 F. App'x 587 (8th Cir. 2007).unpublished
    See Florida v. Jimeno, 500 U.S. 248, 250-51 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991); United States v. Gutierrez-Mederos, 965 F.2d 800, 803-04 (9th Cir.1992); United States v. Brown, 884 F.2d 1309, 1311-12 (9th Cir.1989); see also United…
  • State v. Peters, 941 P.2d 228 (Ariz. 1997).published
    See, e.g., United States v. Johnson, 990 F.2d 1129, 1132 (9th Cir. 1993); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert, denied, 493 U.S. 1025 , 110 S.Ct. 732 , 107 L.Ed.2d 750 (1990); United States v. Lovell, 849 F.2d 9…
  • United States v. Manabu John Furukawa, 99 F.3d 1147 (9th Cir. 1996).unpublished 2 cites
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989); United States v. Mendenhall, 446 U.S. 544, 554 (1980) ("[A] person is 'seized' within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding…
  • United States v. Sabulon Cardenas Cuellar, 97 F.3d 1461 (9th Cir. 1996).unpublished
    Insofar as Cuellar testified to the contrary, the district judge did not abuse his discretion in finding that the officer was credible and Cuellar "is not a credible witness." Accordingly, Cuellar engaged in a consensual encounter and was…
  • State v. Millan, 916 P.2d 1114 (Ariz. Ct. App. 1996).published
    See United States v. Johnson, 990 F.2d 1129, 1132-33 (9th Cir. 1993); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 , 110 S.Ct. 732 , 107 L.Ed.2d 750 (1990); United States v. Garcia, 849 F.2d 917,…
  • United States v. Jeffrey Seward, 68 F.3d 482 (9th Cir. 1995).unpublished 2 cites
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir. 1989).
  • United States v. Haro Sanchez-Restrepo, Aka: Harold Sanchez-Restrepo, 57 F.3d 1078 (9th Cir. 1995).published
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990).
  • United States v. Oscar Santiago, 21 F.3d 1118 (9th Cir. 1994).unpublished
    (no seizure where officers approach defendant in public, do not display weapons, do not touch or restrain defendant, ask in non-threatening manner if they could speak to him, and tell him he is free to leave)
  • United States v. Xuan Ngoc Bui, 15 F.3d 1090 (9th Cir. 1994).published
    United States v. George, 987 F.2d 1428, 1431 (9th Cir.1993); United States v. Kelley, 953 F.2d 562, 566 (9th Cir.1992); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990). 10 The district court f…
Show 16 more citing cases
  • United States v. Randy Bernard Thomas, 5 F.3d 543 (9th Cir. 1993).published
    However, given the testimony discussed above, it was not clear error on the part of the trial court to determine that "a reasonable person would [have felt] free 'to disregard the police and go about his business'...." Florida v. Bostick,…
  • United States v. Jiles Dalewin Johnson, 990 F.2d 1129 (9th Cir. 1993).published
    The government argues that Place is distinguishable, and suppression was properly denied under United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 , 110 S.Ct. 732 , 107 L.Ed.2d 750 (1990).
  • United States v. Antoine Dewayne Persley, 990 F.2d 1264 (9th Cir. 1993).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990). 18 The district court properly concluded that Persley consented to the initial questioning by agent Wammack in the corridor outside Gate 51A.
  • United States v. Silvestre Martinez-Alaniz, United States of Am. v. Armando Javier Medina, 983 F.2d 1079 (9th Cir. 1992).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990). 6 The evidence supports the finding that De La Rosa understood enough English to be able to consent to the search.
  • United States v. Markland A. Chin, 980 F.2d 739 (9th Cir. 1992).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989). 4 Chin argues that the affidavit upon which the search warrant was issued contained falsehoods and omissions.
  • United States v. Monica Campos, United States of Am. v. Maria Carranza, 980 F.2d 739 (9th Cir. 1992).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990); see Johnson, 903 F.2d at 1221 (no seizure where "encounter occurred in a public place, the officers did not touch [defendant] or block his path…
  • United States v. Virgilio Layug, 953 F.2d 1389 (9th Cir. 1992).unpublished
    Arizona v. Hicks, 480 U.S. 321, 324-25 (1987); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989). 7 Second, the search comes under the independent-discovery exception to the exclusionary rule.
  • United States v. Albert A. Enriquez, 951 F.2d 363 (9th Cir. 1991).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. den. --- U.S. ----, 110 S.Ct. 732 (1990).
  • United States v. Betty Edgar, 951 F.2d 363 (9th Cir. 1991).unpublished 3 cites
    Findings of historical fact made at a suppression hearing are reviewed for clear error." United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989) (citation omitted), cert. denied, 111 S.Ct. 520 (1990). 4 The seizure of a traveller's lugg…
  • United States v. David Ricardo Madrigal-Machado, Jose Carmen Villalobos-Hernandez, 949 F.2d 400 (9th Cir. 1991).unpublished
    United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989) cert. denied, 110 S.Ct. 732 , 107 L.Ed.2d 750 (1980).
  • Edward Soldal v. Cnty. of Cook, 942 F.2d 1073 (7th Cir. 1991).published 2 cites
    United States v. Lovell, 849 F.2d 910, 915-16 (5th Cir.1988); United States v. Garcia, 849 F.2d 917, 919 (5th Cir.1988); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989).
  • State v. Zachodni, 466 N.W.2d 624 (S.D. 1991).published 2 cites
    Woods v. Solem, — U.S. -, 110 S.Ct. 1952 , 109 L.Ed.2d 314 (1990); State v. Hall, 353 N.W.2d 37, 40 (S.D.1984); United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 732 , 107 L.Ed.2d 750 (1990).
  • United States v. Duncan Nothstein, 424 F. App'x 645 (9th Cir. 2011).unpublished
    See United States v. Brown, 884 F.2d 1309, 1311-12 (9th Cir.1989).
  • United States v. Crutchley, 66 F. App'x 135 (9th Cir. 2003).unpublished
    See United States v. Brown, 884 F.2d 1309, 1311 (9th Cir.1989).
  • United States v. James Smith Davis, Jr., 12 F.3d 1109 (9th Cir. 1993).unpublished 2 cites
    (holding under similar facts that no seizure had occurred)
  • United States v. Coleman England, Jr., 971 F.2d 419 (9th Cir. 1992).published
    (diversion of suitcases to cargo hold to conduct a search was not a seizure because “the brief detention of [the] bags would have in no way interfered with [the defendant’s] travel or frustrated his expectations with res…)
At page 1312 concluding that “[a]ny reluctance [the defendant] showed in admitting [that] he was carrying the keys to his luggage was not enough to indicate he had withdrawn his [prior] unambiguous statement of consent8 citing cases2 citing courts put it this way
  • United States v. Manuel Paz Sanchez, Jr., No. 19-30248 (9th Cir. Apr. 15, 2021).unpublished
    (noting that a suspect’s “reluctance” to a search of his luggage “was not enough to indicate he had withdrawn his unambiguous statement of consent)
  • State v. Dunkel III, 2006 UT App 339, 143 P.3d 290.published
    (concluding that “[a]ny reluctance [the defendant] showed in admitting [that] he was carrying the keys to his luggage was not enough to indicate he had withdrawn his [prior] unambiguous statement of consent)
  • Jessie Lamont Tate, s/k/a Jesse Tate v. C.W., No. 1860992 (Va. Ct. App. Oct. 10, 2000).unpublished
    "More likely, [appellant's] hesitancy places his appeal within the ambit of United States v. Brown, 884 F.2d 1309, 1312 (9th Cir. 1989), . . . where a defendant who consented 1 We do not address whether the mouth is a body cavity under Hug…
  • Burton v. United States, 657 A.2d 741 (D.C. 1994).published 2 cites
    I have underwear and things in the bag," did not constitute effective withdrawal when defendant then accompanied officers to a more secluded area for the completion of the search). [14] See, e.g., Ibarra, supra note 11, 731 F.Supp. at 1039…
  • Lawrence v. Commonwealth, 435 S.E.2d 591 (Va. Ct. App. 1993).published 2 cites
    “More likely, [appellant’s] hesitancy places his appeal within the ambit of [United States v. Brown, 884 F.2d 1309, 1312 (9th Cir. 1989), cert. denied, 493 U.S. 1025 (1990)], where a defendant who consented to a search of his suitcase but…
  • United States v. Daniel Alfaro, 935 F.2d 64 (5th Cir. 1991).published
    More likely, Alfaro’s hesitancy places his appeal within the ambit of United States v. Brown, 884 F.2d 1309, 1312 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 732 , 107 L.Ed.2d 750 (1990), where a defendant who consented to a search o…
  • United States v. Nguyen Ho, No. 22-50294 (9th Cir. Jan. 31, 2024).unpublished 2 cites
    See United States v. Brown, 884 F.2d 1309, 1312 (9th Cir. 1989); United States v. Ross, 263 F.3d 844, 846 (8th Cir. 2001). 3 Ho’s statement was unequivocal because it was a direct request to withdraw his consent.
  • Baxter v. State, 77 P.3d 19 (Alaska Ct. App. 2003).published
    See, for instance, United States v. Brown, 884 F.2d 1309, 1312 (9th Cir.1989), where the court ruled that "any reluctance [the defendant] showed in admitting [that] he was carrying the keys to his luggage was not enough to indicate that he…
At page 1310 explaining that agents “arranged to have Brown’s [checked] luggage held” until he granted consent3 citing cases2 citing courts put it this way
  • United States v. Keith A. Va Lerie, 424 F.3d 694 (8th Cir. 2005).published 4 cites
    (explaining that agents "arranged to have Brown’s [checked] luggage held” until he granted consent)
  • United States v. Craig Sanders, A/K/A Sparks, 424 F.3d 768 (8th Cir. 2005).published 2 cites
    United States v. Brown, 884 F.2d 1309, 1310-11 (9th Cir.1989).
  • United States v. Douglas Edward Batti, 958 F.2d 378 (9th Cir. 1992).unpublished
    See generally United States v. Brown, 884 F.2d 1309, 1310-11 (9th Cir.1989), cert. denied, 493 U.S. 1025 (1990) (no seizure when detectives approached defendant in public, did not display weapons, touch defendant, or restrain him in any wa…
At page 1316 cited at this page1 citing case
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
KELVAN BROWN, Defendant-Appellant
88-5378.
Court of Appeals for the Ninth Circuit.
Sep 13, 1989.
Published opinion
884 F.2d 1309
1989 U.S. App. LEXIS 13624
1989 WL 104016
Joseph T. Vodnoy and Joseph F. Walsh, Los Angeles, Cal., for defendant-appellant. Stephen A. Mansfield, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
Browning, Farris, Canby.
Cited by 55 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Ninth Circuit (1)
FARRIS, Circuit Judge:

Kelvan Brown appeals the district court’s denial of his motion to suppress two kilograms of cocaine found in his suitcase. After the court denied his motion to suppress, Brown pleaded guilty to possession with intent to distribute cocaine. We affirm.

Background

At 11:15 p.m. on February 19, 1988, narcotics detectives May and Gossett saw Brown enter Los Angeles International Airport. He carried three pieces of luggage and a briefcase, all of which appeared to be new. He appeared to the officers to be nervous. After paying cash for a one-way ticket to Columbus, Ohio, Brown checked two of his suitcases. May and Gossett arranged to have Brown’s luggage held. They asked Brown if they could speak to him; they informed him that he was not under arrest and that he was free to leave. The detectives then asked Brown if he understood and would talk with the officers. Brown said: “Yes, I understand. What is this all about?” As they spoke, Brown appeared increasingly nervous. When asked for some form of identification, Brown said he was not carrying any. When asked his name, Brown told the detectives that he was “Pearl Lang.” Brown consented to a pat-down search and to a search of the luggage he was carrying. During the pat-down, detective Gossett noticed what felt like a card and a set of keys. Brown voluntarily removed the card and showed it to the officers. It was a driver’s license identifying Brown by his true name. The detectives asked Brown if they could search his checked luggage. He replied: “Sure, you can search it.” The luggage was locked, and the detectives asked Brown for the keys. Brown said the keys[*1311] were in Ohio. At detective Gossett’s request, Brown removed a set of keys from his pocket. The keys appeared to be luggage keys. Brown stated that the keys would not open his checked suitcases. The detectives asked whether Brown would accompany them to try the keys in the luggage. Brown asked: “Do I have to go?” The detectives replied that he did not, but that he would be detained while his luggage was checked. Brown was handcuffed pending the outcome of the search. The keys Brown provided opened the checked luggage which was found to contain about two kilograms of cocaine.

Standard of Review

We review de novo the lawfulness of a search. United States v. Limatoc, 807 F.2d 792, 794 (9th Cir.1987). Findings of historical fact made at a suppression hearing are reviewed for clear error. Id.

Discussion

Brown claims that the detectives violated his Fourth Amendment rights by initially stopping him and holding his checked suitcases. The district court correctly held that neither initially approaching Brown nor holding his baggage constituted a seizure of person or property implicating Fourth Amendment rights.

The detectives’ initial contact with Brown was not a seizure of his person. While arrests and investigatory stops are seizures, “not all encounters between law enforcement agents and citizens amount to seizures of the person.” United States v. Safirstein, 827 F.2d 1380, 1383 (9th Cir.1987). A person is “ ‘seized’ within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980). A reasonable person in Brown’s shoes would have believed he was free to leave. The detectives approached Brown in public. They did not display weapons, touch Brown, or restrain him in any way. They asked in a non-threatening way if they could speak to Brown and told him explicitly that he was free to go. Brown agreed to speak with the detectives. This was a consensual encounter. See United States v. $25,000 U.S. Currency, 853 F.2d 1501, 1505 (9th Cir.1988).

Brown claims that his checked suitcase was unlawfully seized. We must determine whether the brief diversion of Brown’s suitcases from their journey to the cargo hold was a seizure. This is a question of first impression in this circuit. “A seizure of property occurs when there is some meaningful interference with an individual’s possessory interest in that property.” United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85 (1984). In United States v. Lovell, 849 F.2d 910 (5th Cir.1988), the Fifth Circuit held that briefly delaying cheeked luggage by removing it from a conveyor belt was insufficient to constitute a meaningful interference with possessory interests. The Lovell court distinguished United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). There, the court held that taking luggage from a person’s custody was a seizure. The Lovell court noted the distinction between taking property from a traveler’s custody and merely detaining bags which the traveler has already relinquished to a third-party common carrier. We agree with the Fifth Circuit’s approach. Had Brown not eventually consented to a search, the brief detention of his bags would have in no way interfered with his travel or frustrated his expectations with respect to his luggage. No seizure occurred.

Brown next contends that his consent to the search of his luggage was not voluntary. We review the district court’s factual conclusion that consent was voluntary for clear error. United States v. Vasquez, 858 F.2d 1387, 1389 (9th Cir.1988). The court’s conclusion was not clearly erroneous. No threats, show of force, or restraints were employed at the time the detectives asked for Brown’s consent to the search. The detectives did not use a harsh or intimidating tone of voice. Brown was informed that he was free to leave. He made statements throughout the encounter which manifested understanding of what[*1312] was occurring. Any reluctance Brown showed in admitting he was carrying the keys to his luggage was not enough to indicate he had withdrawn his unambiguous statement of consent. The district court properly found that Brown consented to the search.

AFFIRMED.