681 F.2d 1238 (9th Cir. 1982), 81-1766, United States v. Goff

Docket Nº:81-1766, 81-1776.
Citation:681 F.2d 1238
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Kenneth M. GOFF and Michael L. Jacobson, Defendants-Appellants.
Case Date:July 23, 1982
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

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681 F.2d 1238 (9th Cir. 1982)

UNITED STATES of America, Plaintiff-Appellee,


Kenneth M. GOFF and Michael L. Jacobson, Defendants-Appellants.

Nos. 81-1766, 81-1776.

United States Court of Appeals, Ninth Circuit

July 23, 1982

Argued and Submitted July 6, 1982.

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Stewart Riley, Seattle, Wash., for Goff.

Jon James Watson, Seattle, Wash., for Jacobson.

Francis J. Burke, Jr., Asst. U. S. Atty., Seattle, Wash., for the U. S.

On Appeal from the United States District Court for the Western District of Washington.

Before WRIGHT, TANG, and CANBY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We affirm the convictions of defendants for cocaine possession, finding that the district court correctly denied suppression of evidence obtained after a search of defendants pursuant to a search warrant.

The warrant, requested by a Drug Enforcement Administration (DEA) agent and issued by a magistrate in the Western District of Washington, was supported by an affidavit reciting the following facts.

An informant related to the DEA agent a conversation with defendant Jacobson. Jacobson indicated that he and a "Ken" were planning a trip from Seattle to Miami to purchase a large quantity of cocaine. At the Seattle-Tacoma airport, the informant identified both defendants, who were making arrangements under false names for a 36-hour round trip to Miami. Mr. Goff appeared to be wearing a money belt and Mr. Jacobson was wearing a loose-fitting shirt that could have concealed one.

Subsequent DEA investigation verified defendants' identities and disclosed that Jacobson previously had been involved in drug smuggling activities.

Defendants were followed and surveilled in Miami until airline personnel confirmed that they had boarded the nonstop return flight to Seattle. The affidavit further stated that airline personnel had confirmed that Goff and Jacobson had, hours before, boarded a direct flight from Miami to Seattle and that the flight was expected to arrive within hours.

The DEA agent in Seattle then requested the search warrant, which was issued during the flight. DEA agents confronted defendants

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soon after they disembarked from the airplane. The search was conducted at the airport and cocaine was recovered from both defendants.

Defendants' argument that the affidavit does not establish...

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