U.S. v. Leverette, 74-1929

• Decision Date: 19 September 1974
• Docket Number: No. 74-1929,74-1929
• Citation: 503 F.2d 269
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Rose LEVERETTE, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 269

503 F.2d 269

UNITED STATES of America, Plaintiff-Appellee, v. Rose LEVERETTE, Defendant-Appellant.

No. 74-1929.

United States Court of Appeals, Ninth Circuit.

Sept. 19, 1974.

Albert R. Gamble (argued), Tucson, Ariz., for defendant-appellant.

Christopher L. Pickrell, Asst. U.S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before BARNES and CARTER, Circuit Judges, and LINDBERG, ¹ District judge.

OPINION

JAMES M. CARTER, Circuit Judge:

This is an appeal from the judgment of conviction for importation with intent to distribute 110 grams of heroin and 26 grams of cocaine, in violation of 21 U.S.C. 841(a)(1), 952(a), and 960(a)(1). The only issue in the case is whether the facts known to the government agents were sufficient to show a 'real suspicion' justifying a strip search. We affirm.

At approximately 9:30 a.m. on December 31, 1973, the defendant, Rose Leverette, a young black female, arrived at the Nogales, Arizona, pedestrian gate from Mexico. Upon inspection of her purse, Customs inspectors found two airline tickets for a flight from Chicago to Tucson in the name of 'Mr. and Mrs. Williams.' The defendant stated that they were her tickets, that she lived in Chicago, that she had been in Nogales for two to three days, and that her husband was in Chicago.

Soon after the defendant's arrival, Charles Williams, a young black male, arrived at the port of entry. He was identified as Charles Williams through an Illinois driver's license and this fact, along with the inspector's conversation with the defendant, was communicated to Customs inspector Ralph Guerra, who was then questioning the defendant.

The defendant identified herself to Guerra by means of a welfare IBM card bearing a name other than Williams. She stated that her husband was in Chicago and that the tickets with the name Williams were for a friend, but she refused to say why she was carrying them. Charles Williams had told another inspector that he was from Chicago and had come to Nogales to 'get away from it all.' He stated that he was alone and denied knowing the defendant when she was pointed out to him. The defendant also denied knowing Charles Williams.

Inspector Guerra instructed a female Customs inspector to search the defendant. As the defendant began to undress, the inspectress detected what she believed to be the odor of heroin. The inspectress told the defendant to remove her slip and upon doing so observed a bulge in her underclothing. The defendant was then instructed to hand over whatever was concealed there, and she turned over three prophylactics which were found to contain heroin and cocaine.

The only contention by the defendant on appeal which merits discussion is her argument that the trial court erred in denying her motion to suppress the heroin and cocaine as illegally obtained.

In order for a strip search to be reasonable under the fourth amendment, the Customs official must have 'at least a real suspicion, directed specifically to that person.' Henderson v. United States (9 Cir. 1967) 390 F.2d 805, 808. This 'real suspicion' must be

'subjective suspicion supported by objective, articulable facts that would reasonably lead an experienced, prudent customs official to suspect that a particular person seeking to cross our border is concealing something on his body for the purpose of transporting it into the United States...