U.S. v. Diaz
| Decision Date | 22 August 1974 |
| Docket Number | No. 74-1330,74-1330 |
| Citation | 503 F.2d 1025 |
| Parties | UNITED STATES of America v. Maria Gilma Gauira DIAZ, Appellant, a/k/a Maria Christina Marti Chaves, and Bernardo Giraldo Zuluaga. . Submitted under Third Circuit Rule 12(6) |
| Court | U.S. Court of Appeals — Third Circuit |
Nicholas Trott Long, Philadelphia, Pa., for appellant.
Robert E. J. Curran, U.S. Atty., Walter S. Batty, Jr., Carmen C. Nasuti, Asst. U.S. Attys., Philadelphia, Pa., for appellee.
Before VAN DUSEN, WEIS and GARTH, Circuit Judges.
Appellant challenges the March 11, 1974, judgment and commitment for possession with intent to distribute and unlawful importation of cocaine in violation of 21 U.S.C. 841, 952, and 955, contending that, at the time she was subjected to a border strip search, the customs authorities had insufficient suspicion to justify said search, so that the search was unreasonable and in violation of her rights guaranteed under the Fourteenth Amendment to the United States Constitution. In United States v. Beck, 483 F.2d 203, 207 (3d Cir. 1973), Judge Rosenn explained the 'special, pragmatic standards for judging the legality of stops and searches in or around . . . border areas or international port facilities,' as follows:
Based on the facts found in the district court opinion of March 11, 1974, and considering the totality of the circumstances in the record, 1 a 'real suspicion' justifying a strip search was present in this case. See United States v. Guadalupe-Garza, 421 F.2d 876, 879 (9th Cir. 1970), where the court said:
"Real suspicion' justifying the initiation of a strip search is subjective suspicion supported by objective, articulable facts that would reasonably lead an experienced, prudent customs official to suspect hat a particular person seeking to cross our border is concealing something on his body for the purpose of transporting it into the United States contrary to law.
'The objective, articulable facts must bear some reasonable relationship to suspicion that something is concealed on the body of the person to be searched; otherwise, the scope of the search is not related to the justification for is initiation, as it must be to meet the reasonableness standard of the Fourth Amendment.'
See also United States v....
To continue reading
Request your trial
-
United States v. Tussell
...dependent upon factual context), cert. denied, 393 U.S. 1121, 89 S.Ct. 999, 22 L.Ed.2d 126 (1969). See also United States v. Diaz, 503 F.2d 1025 (3d Cir. 1974) (per curiam). Since the Customs Agent in charge of intercepting the plane, Agent Wunder, had a reasonable basis for believing that ......
-
Florida v. Royer
...cert. denied, 447 U.S. 907, 100 S.Ct. 2991, 64 L.Ed.2d 857 (1980); United States v. Price, 599 F.2d 494 (CA2 1979); United States v. Diaz, 503 F.2d 1025 (CA3 1974); United States v. Sullivan, 625 F.2d 9 (CA4 1980), cert. denied, 450 U.S. 923, 101 S.Ct. 1374, 67 L.Ed.2d 352 (1981); United St......
-
Sarnicola v. County of Westchester, 01 CIV. 6078(CM).
...border searches) 12. Evasive or contradictory answers to questions (citations omitted) The Asbury court, citing United States v. Diaz, 503 F.2d at 1025, 1026 n. 1 (3d Cir.1974), noted that courts rely upon a combination of factors to determine reasonableness, rather than any single factor s......
-
United States v. Webb, 79 CR 375.
...States v. Himmelwright, 551 F.2d 991 (5th Cir. 1977), cert. denied, 434 U.S. 902, 98 S.Ct. 298, 54 L.Ed.2d 189 (1977); United States v. Diaz, 503 F.2d 1025 (3d Cir. 1974); United States v. Chiarito, 507 F.2d 1098 (5th Cir. 1975), cert. denied, 423 U.S. 824, 96 S.Ct. 38, 46 L.Ed.2d 40 (1975)......