Submitted December 18, 2015
Appeal from United States District Court for the Western District of Missouri.
For United States of America, Plaintiff - Appellee: Philip M. Koppe, Joseph M. Marquez, Rudolph R. Rhodes, IV, Assistant U.S. Attorneys, U.S. ATTORNEY'S OFFICE, Kansas City, MO.
For Quincy Jackson, Defendant - Appellant: Quincy Jackson, Clearlake, CA.; John Meeker Simpson, Kansas City, MO.
Before MURPHY, BENTON, and KELLY, Circuit Judges.
BENTON, Circuit Judge.
Quincy L. Jackson pled guilty to possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). In the plea agreement, Jackson reserved the right to appeal the district court's denial of his motion to suppress. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
On the evening of November 27, 2012, Jackson's small aircraft diverted from its original flight plan--Wichita, Kansas to Jacksonville, Illinois--and landed at the downtown airport in Kansas City. Homeland Security agents, finding this suspicious, alerted the Airport Police. They called for a dog trained to detect illegal drugs. This was her first field operation. She had a 97 percent success rate during training. She alerted positively to narcotics near both wings of Jackson's aircraft.
Drug Enforcement Agency agents learned Jackson was staying at a nearby hotel. Arriving there, about midnight, they knocked on the door seeking his consent to search. No one answered. An agent called Jackson's room. He answered, saying he would come to the door, but he didn't. After more calls to Jackson's cell phone and the room, agents smelled a strong odor emanating from the room, like Swisher Sweet cigars--commonly used to smoke marijuana. A different dog came to the hotel but did not alert.
At 2:00 a.m., an agent returned to the aircraft to draft an affidavit for a warrant. The agent learned Jackson had his pilot's license less than a month and had registered the plane five months earlier. The agent submitted the draft at about 8:00 a.m., but the prosecutor requested adding the drug dog's certification.
Also around 8:00 a.m., Jackson left his room. Two agents approached. He ran back into his room. The agents followed through the open door, handcuffed him, and read him his Miranda rights. They stayed with Jackson until check-out time, when they drove him to the Airport. An agent remained with him there. A search warrant issued at about 5:40 p.m. that evening. Agents ...