United States v. Hill, No. 14-2206 (10th Cir. 2015)
Annotate this CaseDefendant-appellant Kelvin Hill boarded an east-bound Amtrak train in Los Angeles, California. The train stopped in Albuquerque, New Mexico, and was boarded by Agent Kevin Small of the Drug Enforcement Agency (“DEA”) to conduct drug-interdiction activities. Small proceeded to a common luggage area, noticing a black and white “Coogi” brand suitcase with no name tag. He removed the Coogi suitcase from the common luggage area; carried it to the passenger area; and rolled it down the center aisle of the coach, asking each passenger if the bag belonged to him. All passengers present in the coach, including defendant, denied ownership of the bag. Deeming it abandoned, Small searched the bag, finding a large quantity of cocaine and items of clothing linking the bag to defendant. A grand jury charged defendant with possessing with intent to distribute at least 500 grams of cocaine. Defendant moved to suppress, arguing that Small’s taking the Coogi bag from the common storage area and moving it about the coach amounted to an illegal seizure, rendering defendant’s subsequent abandonment of the bag legally invalid. The district court denied the motion. Defendant’s appeal of the denial of his suppression motion framed a particularly narrow legal question for the Tenth Circuit’s review: did Small’s actions in removing defendant’s bag from the train’s common luggage area and carrying it through the coach as he questioned passengers constitute a seizure of the bag? The Tenth Circuit answered in the affirmative: Small’s actions amounted to a “meaningful interference with [Hill’s] possessory interests in” the Coogi bag.
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