Hoang

United States v. Hoang

Good Law
United States Court of Appeals for the Ninth CircuitMay 14, 200705-10669California2,843 words

Opinion

Opinion

I. BACKGROUND

On November 2, 2004, an Orange County Sheriff’s Depart- ment investigator, Officer Todd, was inspecting packages at the FedEx World Service Center Office at John Wayne Air- port in Orange County, California. FedEx Corporate Security authorized Officer Todd, accompanied by his narcotics detec- tion canine, Otto, to be on its premises. At approximately 9:05 a.m., a FedEx employee allowed the investigator into the facility’s hold room. The hold room is used for the processing of parcels as they enter the facility or are sent out for delivery. UNITED STATES v. HOANG 5671 At 9:10 a.m., Otto was let into the hold room off-lead, where he randomly sniffed approximately seven packages located in various parts of the room. Otto alerted to one of the packages, indicating that he had detected the odor of a con- trolled substance. Officer Todd examined the package, which was addressed to Hoang at an address in Hawaii, and noticed several features that, based on his experience, suggested that the package contained narcotics. First, it was scheduled for priority overnight delivery, and the delivery fee had been paid in cash. Second, there were no telephone…

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