The opinion of the court was delivered by: CYNTHIA RUFE, District Judge
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Upon consideration of Defendant's Motion To Suppress Physical Evidence
and Statements and the Government's response thereto, the Government's
proposed findings of fact and conclusions of law, and Defendant's
Supplemental Memorandum, and after a hearing thereon, the Court hereby
enters the following findings of fact and conclusions of law:
1. On Wednesday, February 5, 2003, at approximately 12:10 p.m., law
enforcement officers Carl Giardinelli, William J. Burdette and James
Corbett were working with a multi-agency drug interdiction task force
at the Amtrak 30th Street Train Station in Philadelphia, Pennsylvania.
2. Special Agent Giardinelli is and was at all times an agent of the
United States Drug Enforcement Administration ("DBA") where he has been
employed since March 1995.
3. Officer Burdette is and was at all times a corporal with the
Pennsylvania State Police assigned to the Bureau of Emergency and Special
Operations and then reassigned to DEA. He has been involved in narcotics
enforcement at various times throughout his seventeen years with the
Pennsylvania State Police. His duties while assigned to DEA have included
interdiction at airports, train stations and bus depots and have involved
numerous consensual encounters.
4. Officer Corbett is and was at all times a member of the Philadelphia
Police Department. He has been detailed to DEA since 1988. His duties
while with DEA have
included drug interdiction at airports, train stations and bus depots.
5. Special Agent Giardinelli, Corporal Burdette and Officer Corbett
were dressed in casual civilian clothes on February 5, 2003. They were
all armed with handguns, which were concealed beneath their clothing.
6. At approximately 12:10 p.m., Agent Giardinelli and Corporal Burdette
observed an African-American male wearing an orange shirt walking around
the train station waiting area and talking on a cell phone for
approximately 20 minutes. At approximately 12:30 p.m., the unidentified
male sat down on a bench and continued to talk on his cell phone. Shortly
thereafter, a second African-American male, later identified as Defendant
Rogers Lockett, sat down next to the first male in the orange shirt.
Lockett placed his bags, a rolling suitcase and a backpack, on the bench
as well. Then, the man in the orange shirt, while continuing to talk on
his cell phone, shook Lockett's hand and walked away.
7. Lockett remained seated on the bench, which was on the left side of
the train station. The waiting area inside the station is large, open and
well-lit, approximately one city block long. There are shops, restaurants
and kiosks on either side and behind where Lockett was seated. Directly
to Lockett's left was a hallway that leads into another large, open area
where bathrooms, Amtrak ticket offices and rental car offices are
located. Approximately twelve (12) feet in front of Lockett was another
row of benches and beyond that a stairwell leading down to a train
platform. Agent Giardinelli and Corporal Burdette were standing in the
center of the station, near an information desk and underneath a board
listing train departure and arrival times. At the time relevant to this
motion, there were many members of the general public in the station.
8. Agent Giardinelli and Corporal Burdette observed Lockett sitting on
the bench staring
glassy-eyed at the floor. The officers found it particularly strange that
Lockett did not react in any way when Officer Corbett interdicted an
Asian woman directly in front of Lockett.
9. After observing Lockett for approximately fifteen (15) minutes,
Agent Giardinelli and Corporal Burdette approached Lockett. Corporal
Burdette showed Lockett his badge, identified himself, and asked Lockett
if he would answer a few questions. When Lockett said "Yes," Corporal
Burdette sat down on the bench approximately two (2) feet to Lockett's
right. Agent Giardinelli remained standing a few feet to the right of
Corporal Burdette. No law enforcement officer was directly in front or to
the left of Lockett. Although Officer Corbett and Amtrak Police Officer
Scan Martin were in the vicinity, neither was closer than ten to fifteen
feet from Lockett and neither was in his field of vision.
10. In a conversational tone, Corporal Burdette asked Lockett some
questions about his travel. Lockett responded willingly and coherently to
the questions, telling Corporal Burdette that he was from Philadelphia
but was traveling to Boston. When Corporal Burdette asked to see
Lockett's identification and train ticket, Lockett handed him his ticket
to Boston and his college identification for Newbury College. Corporal
Burdette examined these documents and promptly returned them to Lockett.
11. After returning the ticket and identification, Corporal Burdette
explained to Lockett that he and Agent Giardinelli were looking for
contraband, including narcotics, large sums of money, guns and other
weapons and asked Lockett if he had any of these items in his possession.
Lockett said he did not.
12. Corporal Burdette then asked Lockett if the bag (the rolling
suitcase) on the seat next to Lockett belonged to him. Lockett admitted
the bag was his. Corporal Burdette then asked if