743 F.2d 653 (9th Cir. 1984), 83-1308, United States v. Hendricks

Docket Nº:83-1308.
Citation:743 F.2d 653
Party Name:UNITED STATES of America, Plaintiff/Appellee, v. Dennis Allen HENDRICKS, Defendant/Appellant.
Case Date:September 21, 1984
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 653

743 F.2d 653 (9th Cir. 1984)

UNITED STATES of America, Plaintiff/Appellee,

v.

Dennis Allen HENDRICKS, Defendant/Appellant.

No. 83-1308.

United States Court of Appeals, Ninth Circuit

September 21, 1984

Argued and Submitted July 10, 1984.

Nancy Fiora, Asst. U.S. Atty., Tucson, Ariz., for plaintiff/appellee.

Robert J. Hirsh, Hirsh & Fines, Tucson, Ariz., for defendant-appellant.

Appeal from the United States District Court for the District of Arizona.

Before FLETCHER, REINHARDT and BEEZER, Circuit Judges.

FLETCHER, Circuit Judge:

Hendricks appeals the district court's denial of his motion to suppress evidence seized in a search of his residence pursuant to a warrant. We affirm.

FACTS

On May 10, 1983 a customs officer at Los Angeles inspected a cardboard box arriving from Brazil addressed to Dennis Hendricks, 2835 North Sidney, Tucson, Arizona. The address on the box was Hendricks's home address, but was there for identification only because the box was shipped in such a manner that Hendricks was required to pick it up personally. Inside the box was a suitcase in which the inspector found hidden 5-7 pounds of cocaine. The customs agent sent the box on to Tucson, where it was turned over to Drug Enforcement Administration (DEA) officials.

While the DEA agents were holding the box, they gathered the following additional information, which was contained in the affidavit for the search warrant:

1. Dennis Hendricks and Gigi Ghazarosian lived at 2835 N. Sidney.

2. Ghazarosian used to live at 3344 N. Kelvin.

3. 3344 N. Kelvin is the location of a business named "Brazilian Imports"

4. Dennis Hendricks is the operator of Brazilian Imports.

5. On March 31, 1983 a greeting card containing 10.4 grams of cocaine arrived at Los Angeles Airport addressed to Brazilian Imports, 3344 N. Kelvin.

6. Ghazarosian's car is registered to 3344 N. Kelvin and is in the long-term parking section of the Tucson Airport.

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Upon this evidence, and knowing that the box was at the airport in the possession of DEA agents, the magistrate issued a warrant for a search of Hendricks's residence at N. Sidney. Although the warrant states that "on the premises known as 2835 N. Sidney ... there is now being concealed ... a ... cardboard box [containing cocaine]," (emphasis added) it further states "this search warrant is to be executed only upon the condition that the above described box is brought to the aforesaid premises" (emphasis added).

Hendricks made a motion to suppress, which was denied by the district court. Hendricks then entered a conditional guilty plea under Fed.R.Crim.P. 11(a)(2) and was sentenced to 3 years imprisonment and 5 years probation on one count of transportation of cocaine in violation of 21 U.S.C. Sec. 952(a) (1982). Hendricks appeals only the denial of the suppression motion.

DISCUSSION

We must inquire first whether probable cause existed for issuance of the warrant. If so, our inquiry is at an end. If not, we look to whether the searching officers nonetheless acted reasonably and in good faith. United States v. Leon, --- U.S. ----, 104 S.Ct. 3405...

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