Hicks replied that he did not know what the numbers meant and that they were an equation that he must have doodled on the paper while he was talking on the telephone. Hicks was aware that silver duct tape and other similar tapes are commonly used to package large packages of narcotics for sale.Īs Purdue was searching for the key, he pulled from his pocket a piece of paper bearing the notation "4 X 17,000 = 68,000." Upon examining the piece of paper, Hicks asked Purdue about the numbers. Hicks' inspection of the outside of the duffel bag, which appeared to be brand new, revealed that the bag had no silver duct tape attached to it. Purdue told Hicks that the duct tape was a new roll that he had purchased to repair the duffel bag. Hicks was able to open one zippered compartment on the outside of the duffel bag and found a nearly completely used roll of silver duct tape inside. Purdue then stated that he was unable to find the key and that he may have left it with a friend who had been with him earlier that morning at the airport. Purdue replied that he did and fumbled through his pockets in an apparent effort to retrieve the key. Hicks asked Purdue if he had a key for the lock. Upon attempting to look inside the duffel bag, Hicks discovered that it was locked. Hicks asked Purdue if he could look inside the duffel bag, and Purdue agreed that he could do so. He asked Purdue if he had any drugs in the duffel bag, to which Purdue replied that he did not. Hicks again showed his badge to Purdue, and told him that he was an agent with the DEA and was watching for drugs being smuggled through the airport. Hicks observed that Purdue's hands were shaking and that he was visibly nervous. He told Hicks that he could not remember the names of his friends likewise, he could not produce any type of identification. Louis visiting friends and was going to fly back to Los Angeles. Purdue told Hicks that he had been in Kansas City and St. Purdue agreed to do so, whereupon Hicks asked Purdue where he was traveling and whether he could produce some identification. He approached Purdue, introduced himself, showed Purdue his badge, and asked Purdue if he could speak with him. Having become suspicious that Purdue was transporting drugs, Hicks decided to conduct an interview with him. Hicks noticed that Purdue was resting his head on a duffel bag sitting on his lap and was attempting to appear to be asleep each time he became aware that Hicks was looking at him. Hicks was aware that Southwest Airlines' schedule included an 8:40 a.m. Purdue was dressed in dirty clothing and was wearing a University of California at Los Angeles baseball cap, which led Hicks to form the opinion that Purdue might be a member of a Los Angeles street gang.Īfter Hicks had completed his normal routine of watching an incoming Braniff flight from Los Angeles, he observed that Purdue had moved from his previous seat near Braniff Gate 30 to another seat near the Southwest Airlines ticket counter. Upon entering Terminal B at Braniff Gate 30, Hicks observed what he described as a "roughly dressed black male," later identified as Purdue, seated inside the terminal. Both officers were dressed in plain clothes and wore no exposed badges or weapons. Hicks, an eighteen-year veteran of the Drug Enforcement Administration, arrived at the Kansas City International Airport, where he had been involved in a drug interdiction program for the past year and a half.Īgent Hicks was accompanied by Detective Tom Taulbee of the Platte County, Missouri, Sheriff's Office. Maughmer, United States Magistrate Judge for the Western District of Missouri.Īt approximately 5:20 a.m., September 2, 1988, Special Agent Carl L. Stevens, Jr., United States District Judge for the Western District of Missouri. Sachs, United States District Judge for the Western District of Missouri. Purdue appeals, contending that the district court erred in accepting the magistrate judge's report and recommendation that Purdue's motion to suppress evidence be denied. Purdue to sixty-six months of imprisonment, a four-year term of supervised release, and a fine of $3,050.00 following Purdue's conditional guilty plea to a charge of knowingly and intentionally possessing, with intent to distribute, cocaine, a violation of 21 U.S.C.
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