Meulener

MEMORANDUM OPINION

While attempting to board an American Airlines flight from Los Angeles International Airport to Chicago on August 2, 1972, the defendant was placed under arrest by a Deputy United States Marshal after a search of his suitcase and person revealed a quantity of narcotics. In a two-count indictment, the defendant is charged with violating 21 U.S.C. § 841 (a)(1). He has moved to suppress the evidence found by the search.

The facts revealed at the hearing are as follows:

1. The defendant was the last passenger to attempt to board the flight; all other passengers were on board.

2. Carrying a small suitcase, he checked in at the boarding gate at approximately 12:25 A.M. The ticket agent determined that the defendant met the Federal Aviation Administration “profile” developed to detect potential hijackers, and notified the deputy marshal attending the magnetometer in front of the passageway to the aircraft.

3. As the defendant passed by the magnetometer, it registered positive for the presence of metal.

4. The marshal then ordered the defendant to open his suitcase, and, when he hesitated, repeated the order.

5. At that time, the defendant was under arrest…