United States v. Wilson
754 F. Supp. 2d 450
N.D.N.Y.2010Background
- Wilson is charged with possessing with intent to distribute marijuana (21 U.S.C. § 841(a)(1)).
- SRMPD officers stopped Wilson’s green Pontiac Bonneville off the St. Regis Mohawk Reservation near Route 37/Cook Road in Hogansburg, NY.
- Defendant identified himself; officers learned the vehicle was registered to Phillip Tarbell, recently arrested with marijuana.
- Three large bags of marijuana were found in the trunk after a joint search by SRMPD and USBP.
- SRMPD officers lacked authority to stop off the reservation; the stop occurred outside tribal boundaries and before Title 19 authorization was obtained.
- The court suppresses the seized marijuana and dismisses the indictment if the government does not refile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was a valid Title 19 customs search | Rourke was designated as a customs officer; prior approval obtained. | No prior Title 19 authorization before the stop; invalid as customs search. | Unsuccessful Title 19 authorization; stop invalid; suppression granted. |
| Whether 114(8) permits arrest off reservation | Section 114(8) allows continuous pursuit and arrest off reservation. | SRMPD officers could arrest off reservation under 114(8) based on pursuit. | No valid pursuit commenced on reservation; no probable cause; 114(8) does not validate the stop. |
| Whether Terry stop justification applies | Reasonable suspicion existed due to border crossing and drug activity. | Off-reservation Terry stop authority lacking; cannot justify. | SRMPD lacked authority to conduct a Terry stop off the reservation; invalid. |
| Whether inevitable discovery salvages the evidence | Chamberlain would inevitably discover the marijuana if he stopped it. | Inevitable discovery requires independent lawful path; not shown here. | Inevitable discovery not established; evidence suppressed. |
Key Cases Cited
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (inevitable discovery exception limits suppression when discovery is independent)
- Nix v. Williams, 467 U.S. 431 (U.S. 1984) (inevitable discovery framework)
- United States v. Mikulski, 317 F.3d 1228 (10th Cir. 2003) (extraterritorial arrests considerations under law)
- People v. Harris, 224 A.D.2d 711 (N.Y. App. Div. 1996) (probable cause standards for arrest)
- People v. Kennedy, 282 A.D.2d 759 (N.Y. App. Div. 2d Dep’t 2001) (port of entry and reporting requirements)
- People v. Lahr, 147 Ill. 2d 379 (Ill. 1992) (extraterritorial arrests and color-of-law considerations)
- Layne v. United States, 6 F.3d 396 (6th Cir. 1993) (extraterritorial arrests and reasonableness under Fourth Amendment)
- McCall, No. 06CR14A, 2007 WL 1845584 (W.D.N.Y. 2007) (extraterritorial stop/arrest and authority of officers)