Agents James Stewart and Bill Grant and Officer Judith Martin were on airport duty conducting drug investigations. The officers routinely observed passengers disembarking flights from New York to Chicago because of the flow of drugs and money between the two cities. This observation began when provided Agent Stewart with a list of generic or common names that from his experience he believed drug couriers might assume. Interested by the name "S. Johnson," Stewart had the employee pull information on that passenger. S. Johnson had booked a one-way flight from New York shortly before take-off and was seated in seated such that she would be one of the first passengers to disembark. Agent Stewart told his partners, Agent Grant and Officer Martin, of the information he had received.

As the passengers disembarked the 4:24 flight from New York, the officers observed a woman who nervously looked around and proceeded to make a telephone call with a calling card at a bank of public phones. Although the officers testified that they were unaware at that time that the woman they observed disembark was in fact S. Johnson, they were curious because of her nervous behavior and her appearance. Agent Stewart knew that it is common for drug couriers to nervously place telephone calls upon disembarkation. After the phone call (two to three minutes), the woman began walking down the concourse.

While Agent Grant maintained a look-out at the gate, observing the remainder of the disembarking passengers, Agent Stewart and Officer Martin followed the woman, who was later identified as Yusuff. Agent Stewart approached Yusuff and introduced himself as a police officer, and asked if he might speak with her for a few moments and she agreed. Agent Stewart asked whether she had taken the flight from New York; Yusuff replied she had and was here to visit her sister who was feeling poorly. He then asked her for identification, but she said she was without any form of i.d., except for a calling card in the name of "Nancy Rafael." Upon questioning, Yusuff could not recall where her sister lived or worked.

At this point, Agent Stewart informed Yusuff that she was free to leave but he and Officer Martin would like to ask her a few more questions. Yusuff stated that she understood. Agent Stewart inquired of Yusuff as to the contents of her bag; Yusuff replied that she had packed it herself and no one had given her anything to carry. Stewart asked Yusuff whether she was carrying any currency or narcotics; Yusuff produced a wad of $300 cash from the bag, declaring "that was all she had." Stewart then asked whether they could search the bag. After Yusuff agreed to the search, Officer Martin rummaged through the bag and found nothing but miscellaneous clothing. After searching the bag, Officer Judith Martin asked Yusuff: "Do you mind if I pat you down?" According to Martin's testimony, Yusuff responded that she did not mind a pat down. Officer Martin placed her hand on the pocket of Yusuff's coat and felt a hard lump. "What is that?" Martin inquired; "Drugs," Yusuff replied. "How much?" Martin questioned; "700 grams," Yusuff confessed.

Upon Yusuff's admission, the officers took her to a more secluded part of the terminal (an empty gate area). The defendant Yusuff then opened her coat and removed a wrapped plastic bundle from underneath a girdle that she was wearing. The bundle, when opened by Officer Martin, revealed a crushed white powder that the officers suspected was narcotics. At this time, the officers placed Yusuff under arrest and advised her of her Miranda rights. Yusuff subsequently was indicted for possessing with the intent to distribute 686 grams of heroin. The defendant filed a motion to suppress the evidence.

Submitted by Patrick Mulligan
Wake Forest School of Law

Answer
Police may make a warrantless search if they receive the consent of the individual whose person is to be searched.  Consent is effective even if person does not know they have a right to refuse consent.  Schneckloth v. Bustamonte.  This is true even if the person is in custody.  The permission only applies to the particular physical area for which permission to search is obtained.