United States v. Margaret Canada

This is an appeal from a judgment entered on a jury verdict finding appellant guilty of conspiracy to possess heroin and cocaine with intent to distribute, 21 U.S.C. § 846 (a), and of possessing heroin and cocaine with the intent to distribute, 21 U.S.C. § 841 (a)(1).

The appellant, travelling under an assumed name, boarded a scheduled air carrier in Detroit on February 16, 1975, bound for San Diego, taking with her a suitcase containing a large amount of cash. The concatenation of events occurring immediately prior to her departure from Detroit, and in San Diego after arrival, led to her arrest the next day as she was proceeding speedily by car on a major highway in the direction of Los Angeles.

The appellant challenges the legality of two searches and the probable cause for her arrest.

The facts which the jury could find from the evidence are substantially the following.

The Airport Security Search in Detroit

On February 16, 1975, Theresa Thomas, an airlines security guard, was on duty at the Detroit Metropolitan Airport checking the carry-on baggage of departing passengers for weapons and explosives with the aid of an x-ray machine as part of the airline’s…