Curtis V. Williams Case

ase

United States Court of Appeals

Fifth Circuit

March 31, 2004

CHARLES R. FULBRUGE III

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA

Plaintiff Ð'- Appellant,

v.

No. 03-30576

CURTIS L. WILLIAMS,

Defendant Ð'- Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF LOUISIANA

(D.C. NO. 03-30576)

CASE SUMMARY

In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12, 2001. Uniformed Caddo Parrish Sheriff's deputies, Carl Townley and Chris Bain, were working with their drug detection dogs at the bus stop.

After the bus stopped and the passengers got off the bus, Deputy Bain and his dog entered the bus allowing his dog to sniff for drugs. On the outside of the bus, Deputy Townley and his dog Raja checked the luggage compartment of the bus. While doing so and watching the passengers leave the bus, Deputy Townley noticed Williams's avoidance of the dog and his interest in the dog's investigation of the bus and the luggage. Deputies told a sergeant it may be useful to talk to Mr. Williams. After Deputy Bain completed his check of the bus, Deputy Townley and his dog Raja entered the bus. Raja alerted to a black backpack which was inside on the bus, either in a seat or in the overhead compartment. After exiting the bus, Townley observed Williams still standing by the bus watching what was going on. The deputies asked Williams if he would mind talking with them and Williams agreed. He followed Deputy Townley, Deputy Bain, and Deputy Burrows (another officer present at the scene) to the luggage handling area of the bus station. The deputies identified themselves as officers and asked again if Williams would still talk to them and he agreed. When asked about his traveling, Williams said he was on leave from the military. The officers asked for his military identification and Williams claimed he had lost it. Officers found this to be suspicious due to the fact it was the day after the September 11th attacks and military personnel always carry their identification. The deputies asked Williams if he had any illegal drugs or contraband. Williams stated that he smoked marijuana before boarding the bus but had none in his possession. The deputies escorted Williams to retrieve his bag. Deputies asked Williams for consent to search his bag and told him they already had probable cause to since the dog had alerted to it. Williams finally gave permission. The deputies searched the bag and found a Glock 9 millimeter firearm with the sight removed. Williams