Federal Circuits, 9th Cir. (March 10, 1992)
Docket number: 91-50394
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http://vlex.com/vid/37427320
Id. vLex: VLEX-37427320
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US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
U.S. Supreme Court - Thompson v. Louisiana, 469 U.S. 17 <I>(per curiam)</I> (1984)
U.S. Supreme Court - Illinois v. Lafayette, 462 U.S. 640 (1983)
Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.
MEMORANDUM**Ian Wayne Gillespie appeals the district court's denial of his motion to suppress evidence obtained pursuant to a search conducted at the Los Angeles International Airport (LAX) on January 17, 1991. Gillespie was indicted on one count of possessing with intent to distribute approximately 8 kilograms of cocaine in violation 21 U.S.C. 841(a)(1). He pleaded guilty to the charge on the condition that he could appeal the district court's ruling on his motion to suppress. We affirm.STATEMENT OF THE CASEOn January 17, 1991, Gillespie was to transport 8 kilograms of cocaine from Los Angeles to Cleveland, Ohio. When he showed a false identification to U.S. Air ticketing agent as he attempted to check his luggage for the flight, the agent concluded that Gillespie fit the airline's profile of a suspicious passenger. Two uniformed employees, Gary Green and Andrew Senchyshyn, detained Gillespie while an LAX police officer was called for assistance. The district court found that Senchyshyn and Green asked Gillespie if they could search his bags and Gillespie verbally consented to a search. Gillespie maintains that he never consented to a search, or, if he did, it was invalid because he was not informed that he could decline to board the flight and refuse the search.Gillespie's bags were searched by Green. One bag contained a white blanket, a large amount of fabric softener, and three tightly plastic-wrapped parcels. Shortly thereafter, DEA Special Agent James Jeffery arrived. He had received an LAX Police Department dispatch that U.S. Air employees had detained a passenger whose luggage they believed contained narcotics. Agent Jeffery then inspected the bag which was unzippered but not drawn open. He lifted the blanket and exposed the packages to view. Jeffery then made a small incision in one of the packages which revealed coffee grounds. He then repacked the bag and placed Gillespie under arrest. Jeffery then transported Gillespie and his luggage to the DEA office at LAX. At the office, he cut into all three of the packages and discovered a white powdery substance that field tested positive for cocaine.DISCUSSIONWe review de novo the district court's ruling on a motion to suppress. United States v. Thomas, 863 F.2d 622, 625 (9th Cir.1988). However, the district court's factual determinations in support of its ruling are reviewed for clear error. United States v. Johns,