U.S. v. Goff, Nos. 81-1766

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore WRIGHT, TANG, and CANBY; EUGENE A. WRIGHT
Citation681 F.2d 1238
Docket Number81-1776,Nos. 81-1766
Decision Date23 July 1982
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Kenneth M. GOFF and Michael L. Jacobson, Defendants-Appellants.

Page 1238

681 F.2d 1238
UNITED STATES of America, Plaintiff-Appellee,
v.
Kenneth M. GOFF and Michael L. Jacobson, Defendants-Appellants.
Nos. 81-1766, 81-1776.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted July 6, 1982.
Decided July 23, 1982.

Page 1239

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

Page 1240

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 probable cause is without merit. The informant's information, corroborated by independent investigation, was enough to lead to a reasonable...

To continue reading

Request your trial
22 practice notes
  • U.S. v. Whitehead, Nos. 87-5093
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • July 18, 1988
    ...have applied in advance for a warrant in the jurisdiction through which the train is scheduled to travel. See United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982). Indeed, the defendant was already under suspicion before he boarded the train in Miami. A federal law enforcement officer ......
  • State v. Womack, No. 971539-CA
    • United States
    • Court of Appeals of Utah
    • October 22, 1998
    ...493 U.S. 943, 110 S.Ct. 348, 107 L.Ed.2d 336 (1989); United States v. Goodwin, 854 F.2d 33, 36 (4th Cir.1988); United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982); United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.1978); United States v. Garnett, 951 F.Supp. 657, 662 n. 7 (E.D.Mich.......
  • United States v. Krueger, No. 14–3035.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • November 10, 2015
    ...I will come to in a moment). See United States v. $64,000.00 in U.S. Currency, 722 F.2d 239, 246 (5th Cir.1984) ; United States v. Goff, 681 F.2d 1238, 1240 n. 1 (9th Cir.1982). And the third, United States v. Berkos, 543 F.3d 392 (7th Cir.2008), found the magistrate judge had lawful author......
  • U.S. v. Ricciardelli, No. 92-1424
    • United States
    • U.S. Court of Appeals — First Circuit
    • January 5, 1993
    ...States v. Wylie, 919 F.2d 969, 974-75 (5th Cir.1990); United States v. Goodwin, 854 F.2d 33, 36 (4th Cir.1988); United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982); United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.), cert. denied, 439 U.S. 869, 99 S.Ct. 198, 58 L.Ed.2d 180 (1978); ......
  • Request a trial to view additional results
22 cases
  • U.S. v. Whitehead, Nos. 87-5093
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • July 18, 1988
    ...have applied in advance for a warrant in the jurisdiction through which the train is scheduled to travel. See United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982). Indeed, the defendant was already under suspicion before he boarded the train in Miami. A federal law enforcement officer ......
  • State v. Womack, No. 971539-CA
    • United States
    • Court of Appeals of Utah
    • October 22, 1998
    ...493 U.S. 943, 110 S.Ct. 348, 107 L.Ed.2d 336 (1989); United States v. Goodwin, 854 F.2d 33, 36 (4th Cir.1988); United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982); United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.1978); United States v. Garnett, 951 F.Supp. 657, 662 n. 7 (E.D.Mich.......
  • United States v. Krueger, No. 14–3035.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • November 10, 2015
    ...I will come to in a moment). See United States v. $64,000.00 in U.S. Currency, 722 F.2d 239, 246 (5th Cir.1984) ; United States v. Goff, 681 F.2d 1238, 1240 n. 1 (9th Cir.1982). And the third, United States v. Berkos, 543 F.3d 392 (7th Cir.2008), found the magistrate judge had lawful author......
  • U.S. v. Ricciardelli, No. 92-1424
    • United States
    • U.S. Court of Appeals — First Circuit
    • January 5, 1993
    ...States v. Wylie, 919 F.2d 969, 974-75 (5th Cir.1990); United States v. Goodwin, 854 F.2d 33, 36 (4th Cir.1988); United States v. Goff, 681 F.2d 1238, 1240 (9th Cir.1982); United States v. Lowe, 575 F.2d 1193, 1194 (6th Cir.), cert. denied, 439 U.S. 869, 99 S.Ct. 198, 58 L.Ed.2d 180 (1978); ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT