In Case Of Mexican Brothers Who Flew Ton Of Cocaine Into Bowling Green, Kentucky, Prosecution Could Lose Over Seizure Of Pairs' Travel Documents.
Judge seeks answers about plane search
By JUSTIN STORY
The federal judge presiding over the case against two brothers accused of flying cocaine into Bowling Green-Warren County Regional Airport issued an order this week asking prosecutors to address questions involving law enforcement’s search of the plane and seizure of evidence.
Dagoberto Garcia-Guillen, 21, and Jesus Adolfo Garcia-Guillen, 27, have each been charged with possession and conspiracy to possess five kilograms or more of cocaine.
The brothers, both Mexican nationals, were stopped by the Bowling Green Police Department on Oct. 1. Police have said they received information from the federal Department of Homeland Security that the plane was being tracked as it flew across the United States due to suspicious activity at a prior stop.
The plane, which police say was piloted by Dagoberto Garcia-Guillen, landed in Bowling Green to refuel. The brothers were met by city police Sgt. Charles Casey, who interviewed Dagoberto, according to prior court testimony, and then directed BGPD Officer Blake Allen to search the twin-engine Piper.
The search allegedly turned up two suitcases containing 32 packages of cocaine totaling more than 70 pounds.
Attorneys for both men have sought to have that evidence suppressed, arguing that, while Dagoberto Garcia-Guillen gave consent to the search, the consent was invalid because the defendants were wrongfully seized and Dagoberto Garcia-Guillen’s pilot’s license and both brothers’ passports unlawfully taken while the search took place.
The brothers’ attorneys also claim that police exceeded the scope of the search by looking through closed containers in the plane.
Federal prosecutors have argued that the search was consensual at all times, the brothers consented voluntarily and that no seizure occurred.
A hearing was March 18 in U.S. District Court in Bowling Green in which Casey, Allen and city Officer Steven Davidson testified about their actions at the airport.
U.S. Magistrate Judge Joseph McKinley issued an order Monday in which he wrote that the events surrounding the search and request for consent raise several questions.
“In reviewing the matter, it appears that the initial encounter was indeed consensual,” McKinley wrote. “However, due to the retention of documents necessary for the defendants’ continued travel, and all the other circumstances surrounding the incident, it also appears that the encounter may have turned into an investigatory stop at some point. It is critical to the determination of the pending motion to decide when that point occurred.”
According to prior testimony, the brothers’ passports were given to Casey, who handed them to Davidson to check for outstanding warrants. Consent to search the plane was reportedly granted before the warrant check was completed.
Under the circumstances, McKinley asks in his order whether it was necessary for police to retain the documents and must they be immediately returned to the defendants after the office has had an opportunity to respect them.
The order also asks whether a seizure has occurred if police retain documents necessary to continued travel beyond the time reasonably necessary to inspect them.
McKinley has asked prosecutors to file a brief addressing those and other questions no more than 15 days from when he issued Monday’s order. The defense would then have 10 days to respond and prosecutors could file a reply brief within 10 days of the defense’s response.
If convicted, the brothers could face between 10 years and life in prison.
By JUSTIN STORY
The federal judge presiding over the case against two brothers accused of flying cocaine into Bowling Green-Warren County Regional Airport issued an order this week asking prosecutors to address questions involving law enforcement’s search of the plane and seizure of evidence.
Dagoberto Garcia-Guillen, 21, and Jesus Adolfo Garcia-Guillen, 27, have each been charged with possession and conspiracy to possess five kilograms or more of cocaine.
The brothers, both Mexican nationals, were stopped by the Bowling Green Police Department on Oct. 1. Police have said they received information from the federal Department of Homeland Security that the plane was being tracked as it flew across the United States due to suspicious activity at a prior stop.
The plane, which police say was piloted by Dagoberto Garcia-Guillen, landed in Bowling Green to refuel. The brothers were met by city police Sgt. Charles Casey, who interviewed Dagoberto, according to prior court testimony, and then directed BGPD Officer Blake Allen to search the twin-engine Piper.
The search allegedly turned up two suitcases containing 32 packages of cocaine totaling more than 70 pounds.
Attorneys for both men have sought to have that evidence suppressed, arguing that, while Dagoberto Garcia-Guillen gave consent to the search, the consent was invalid because the defendants were wrongfully seized and Dagoberto Garcia-Guillen’s pilot’s license and both brothers’ passports unlawfully taken while the search took place.
The brothers’ attorneys also claim that police exceeded the scope of the search by looking through closed containers in the plane.
Federal prosecutors have argued that the search was consensual at all times, the brothers consented voluntarily and that no seizure occurred.
A hearing was March 18 in U.S. District Court in Bowling Green in which Casey, Allen and city Officer Steven Davidson testified about their actions at the airport.
U.S. Magistrate Judge Joseph McKinley issued an order Monday in which he wrote that the events surrounding the search and request for consent raise several questions.
“In reviewing the matter, it appears that the initial encounter was indeed consensual,” McKinley wrote. “However, due to the retention of documents necessary for the defendants’ continued travel, and all the other circumstances surrounding the incident, it also appears that the encounter may have turned into an investigatory stop at some point. It is critical to the determination of the pending motion to decide when that point occurred.”
According to prior testimony, the brothers’ passports were given to Casey, who handed them to Davidson to check for outstanding warrants. Consent to search the plane was reportedly granted before the warrant check was completed.
Under the circumstances, McKinley asks in his order whether it was necessary for police to retain the documents and must they be immediately returned to the defendants after the office has had an opportunity to respect them.
The order also asks whether a seizure has occurred if police retain documents necessary to continued travel beyond the time reasonably necessary to inspect them.
McKinley has asked prosecutors to file a brief addressing those and other questions no more than 15 days from when he issued Monday’s order. The defense would then have 10 days to respond and prosecutors could file a reply brief within 10 days of the defense’s response.
If convicted, the brothers could face between 10 years and life in prison.
Labels: Constitutional Rights, Crime, Punishment
posted by KYJurisDoctor at 8:04 AM
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