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United States v. Michael Gene Shreve

Citations: 697 F.2d 873; 1983 U.S. App. LEXIS 31079Docket: 82-1216

Court: Court of Appeals for the Ninth Circuit; January 25, 1983; Federal Appellate Court

Narrative Opinion Summary

The Ninth Circuit Court of Appeals reviewed the appeal of an individual challenging the validity of an X-ray search conducted by customs inspectors at Los Angeles International Airport. The appellant, who arrived from a known drug source location, displayed suspicious behavior and circumstances, including traveling alone on a newly issued passport, paying cash for his ticket, and having minimal evidence of expenses during his trip. Customs officials, suspecting body cavity smuggling, conducted a strip search and an X-ray examination. The court applied the circuit's legal standard, which requires a clear indication of body cavity smuggling to justify such searches, citing United States v. Ek. It found that the customs inspectors had reasonable suspicion based on the appellant's behavior and travel details, thereby validating the search procedures as appropriate and non-intrusive. Additionally, the court ruled that a warrant was not necessary for the X-ray search, affirming the lower court's decision without addressing the issue of consent. The appeal was ultimately dismissed, upholding the initial ruling.

Legal Issues Addressed

Non-requirement of Warrant for X-ray Searches at Border

Application: The court held that the X-ray search did not require a warrant, affirming the decision of the lower court.

Reasoning: Ultimately, the court concluded that the X-ray search did not require a warrant and affirmed the lower court's decision.

Reasonable Suspicion for Customs Searches

Application: The court found that the customs inspectors had sufficient grounds to suspect body cavity smuggling, which justified the secondary inspection and subsequent searches.

Reasoning: Based on these observations, customs officials deemed it necessary to conduct a strip search and an X-ray examination.

Validity of X-ray Search under the Fourth Amendment

Application: The court determined that the X-ray search was justified based on the clear indication of body cavity smuggling, aligning with the circuit's legal standard.

Reasoning: The court emphasized that the legal standard in the circuit requires a clear indication of body cavity smuggling for an X-ray search to be valid, referencing prior case law (United States v. Ek).