SEIZURE OF DRUGS RULED ILLEGAL

A judge has ruled federal agents illegally obtained 20 pounds of Ecstasy
from an Amtrak passenger in Albuquerque in August.

The Department of Justice is pondering whether to appeal the ruling by U.S.
District Judge C. LeRoy Hansen, who suppressed the $1.25 million in
evidence seized from Sammy Joseph, 31, who is originally from Sudan but has
lived in Canada the past two years.

After two days of testimony in early January, Hansen ruled that the
questioning of Joseph by an agent with a DEA-led task force violated his
Fourth Amendment rights.

Hansen wrote in his opinion that the drugs were seized as a result of a
coercive, illegal encounter and detention of Joseph, whose birth name is
Asim Yousef. Hansen also noted that Joseph - who speaks Arabic - understood
very little when questioned in English.

"That's really what this case was about, whether or not Mr. Joseph was able
to comprehend what he was asked and told to do," Joseph's lawyer, David
Norvell, said.

The U.S. Attorney's Office filed a notice of appeal last week to meet an
appeal deadline, but is waiting for approval from the Justice Department to
proceed.

Steven Derr, head of the DEA in Albuquerque, said he could not comment.

The "party" drugs - 50,000 tablets worth about $1.25 million - were seized
Aug. 20, 2001, after task force agent Jonathan Salazar cut open a box in a
bag belonging to Joseph. Joseph was traveling from Albany, N.Y., to Los
Angeles.

Salazar cut the box after questioning Joseph extensively and purportedly
after Joseph gave consent.

On the witness stand, Joseph testified through an Arabic interpreter that
he did not really understand when Salazar asked if he could search the bag.

"I did not know or think that I had any other option other than to say
'yes,' " Joseph said. "He was already with me in the room. And he already
had the bag on his knees and said, 'Can I search it?' I had no other
option. I told him, 'Go ahead.' "

In his opinion, Hansen said Joseph was backed into his roomette by Salazar
and another agent and was asked some 65 run-on questions in nine minutes.
Hansen also said Joseph was in his underwear and undershirt during much of
the questioning.

Hansen said Salazar did not tell Joseph that he had a right to refuse to
answer questions and leave, though the judge acknowledged there is no
requirement that law officers tell people they don't have to answer
questions during so-called consensual encounters.

Hansen also noted Salazar asked Joseph for consent to search his belongings
10 times, "a number that is clearly excessive and coercive."

Although the conversation with Joseph was tape-recorded, the only audible
answer to Salazar's questions seeking consent to search was after the 10th
query, Hansen said.