The opinion of the court was delivered by: MARVIN E. ASPEN
MARVIN E. ASPEN, District Judge:
On May 1, 1992, Drug Enforcement Agency ("DEA") agents found cocaine in a canvas bag carried by Defendant David Harrison Yearwood ("Yearwood"). Yearwood moved to have physical evidence and statements suppressed, claiming Fourth Amendment violations. Magistrate Judge W. Thomas Rosemond conducted a hearing and, based on testimony, exhibits, and oral argument by the attorneys, denied the defendant's motion. Yearwood now objects to Magistrate Judge Rosemond's decision.
On May 1, 1992, Yearwood went to the Los Angeles airport and used cash to purchase a one-way ticket to Chicago on American Airlines flight #84. Robert Connors ("Connors"), an O'Hare security officer, called Robert Scheuler ("Scheuler"), a DEA agent in Chicago, and told him that a man calling himself David Harrison had paid for a one-way ticket to Chicago with cash shortly before the flight was scheduled to depart, appeared somewhat nervous, was carrying a new-looking black canvas bag, and had refused to allow a DEA agent to search the bag. Connors described the passenger as a tall, thin black man in his early twenties with closely-cropped hair. Scheuler then passed this information along to Officer Carlos Mostek ("Mostek"), a Chicago Police officer detailed to the DEA Transportation Group at O'Hare. Mostek, in turn, called Connors to verify the information regarding Yearwood. Although Connors could not name the DEA agent who had supplied the information or asked to search Yearwood's luggage, he did give Mostek the same information he had given Scheuler.
Scheuler testified that on the basis of the information Connors supplied, he suspected that the defendant might be transporting narcotics. Connors had provided reliable information to the DEA group at O'Hare before, and Los Angeles is a major source city for cocaine entering Chicago. Additionally, the DEA agent testified that people transporting narcotics often purchase tickets with cash shortly before the flight is scheduled to depart. This is because couriers do not want to create a paper trail by using a check or credit card, and cannot purchase tickets in advance, because they are often uncertain as to when they will be traveling. Couriers also frequently buy one-way tickets, because "drug transactions are very unpredictable," and they cannot be sure when they will leave the city. Transcript of August 6, 1992 Hearing ("Transcript") at 19. Finally, Scheuler testified that drug traffickers commonly use new bags. He explained that "if something doesn't feel good or doesn't look right, then [couriers] are ready to go out and buy them." Transcript at 20.
Based on Connors' information, Scheuler, Mostek, and two other DEA agents waited for the defendant at the gate. Yearwood walked to the baggage claim, where he waited for his luggage. While Yearwood waited, he continually looked around at the people in the area. Both Scheuler and Mostek testified at the suppression hearing that he appeared to be engaging in countersurveillance, that is, looking for law officers.
After checking its luggage tag, Yearwood retrieved the new-looking black canvas bag and left the terminal. He walked out through an airport door and turned to walk toward a taxicab stand. Scheuler and Mostek approached him from behind. Mostek, who was slightly ahead of Scheuler, was on Yearwood's left. While Mostek was still behind the defendant, he said, "Excuse me." Yearwood stopped and looked over his left shoulder. Mostek then walked up alongside him on his left, announced that he was a Chicago Police officer, and asked Yearwood if he could speak with him. Yearwood turned 90 to face Mostek, put his bag down, and answered "yes." Scheuler stood to the left of Mostek and the right of Yearwood during the ensuing interview.
Mostek asked whether the black canvas bag belonged to Yearwood, and Yearwood said yes. Mostek asked whether he had packed the bag himself. Yearwood said no, his cousin had packed the bag. Mostek asked Yearwood if he knew what was inside the bag, and defendant said no. Finally, Mostek asked whether the defendant would consent to a search of the bag for drugs, and Yearwood said yes.
When Mostek searched the bag, he found cocaine wrapped in fabric softener sheets,
saran wrap, and a pair of denim shorts.
Later that day, after Yearwood had been arrested and further interviewed at the DEA office in O'Hare, Mostek again spoke to Connors. At this time, Mostek learned that Connors had not, in fact, spoken directly with any DEA agent from Los Angeles, but had received his information from another American Airline employee at O'Hare named Ray Long ("Long"). Connors believed that Long had gotten the information from a DEA agent. Long, however, had actually gotten the information from a ticket agent in Los Angeles.
At the close of the suppression hearing, Magistrate Judge Rosemond concluded that Yearwood had consented to be interviewed by the agents and to allow his bag to be searched. In addition, the Magistrate Judge concluded that the agents had had legitimate advance basis for making an investigatory stop, although they did not choose that course. ...