Oral argument in the Eleventh Circuit Court of Appeals
I argued a federal criminal appeal in front of the Eleventh Circuit Court of Appeals yesterday in Atlanta, Georgia. It was my sixth trip for an oral argument before that court. The case involved a very large drug seizure in Cobb County, Georgia ($4 million in cash and 270 kilos of cocaine and methamphetamine).
We were arguing about the scope of a consent search given by our client, the owner of the auto repair shop where the trailer was found. Our client told agents they could search the shop, but specifically told them that he did not own the trailer. Our position was that our client's statement limited the scope of the search under the Fourth Amendment, so that the agents had no right to look in the back of the trailer where they found the cash.
Under United States Supreme Court authority, a person has the absolute right to limit the scope of a search they otherwise consent to. For example, a person could consent to a search of their car when stopped by a police officer, but tell him that he could not search the trunk. The cops could then only search the trunk if they had independent probable cause to do so. (Ironically, the person telling them not to search the trunk may have just given it to them!)
In our case, our client had no problem allowing the agents to search his shop, but felt he did not have the authority to let them search a trailer that did not belong to him. They searched it anyway and found all that cash.
The judges were very prepared (as they usually are in that court), and asked a lot of questions. I don't expect a decision for at least a few weeks, maybe months.
The outcome could be huge. If we win, our client gets a new trial in federal court here in Atlanta. And, more importantly, the government can't use the $4 million in cash against him. That won't guarantee a win, but it will certainly help.
