Police officer’s order to passengers directing them depart bus and claim luggage does not constitute seizure under Fourth Amendment

SEARCH & SEIZURE United States v. Ojeda-Ramos, No. 04-5118, ___ F.3d ___ (10th Cir. Jul. 31, 2006)(N.D. Oklahoma). Appeal of district court’s denial of defendant’s motion to suppress drug evidence that resulted in conviction for possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(I). HELD: (1) Order by police officer while disguised as bus company employee directing passengers to leave bus and claim luggage during stop at bus station did not constitute seizure under Fourth Amendment. Ruse by police to influence behavior is not prohibited unless it is unconstitutional. Because officer’s actions would not have been seizure if he had identified himself as police officer, ruse did not violate defendant’s constitutional rights. (2) Warrantless search of suitcase was not unlawful. When police officer asked defendant in luggage claim area whether suitcase belonged to him and defendant claimed suitcase was not his, defendant abandoned suitcase. Fact that defendant then voluntarily carried suitcase from luggage claim area to room where he was questioned further by officer is not dispositive of abandonment question because after arrival at interrogation room, defendant again disclaimed ownership of suitcase. Officer was entitled to take defendant at his word that suitcase was not his. Therefore, treating suitcase as abandoned property for purpose of conducting warrantless search was not unreasonable. Read the opinion here.