United States v. Angela Luz Gomez

I dissent. In my opinion the initiation of the search of the suitcase and the participa *646 tion in that search by the government law enforcement officers does not permit us to characterize the search as a private search outside the restrictions of the Fourth and Fourteenth Amendments. A review of the undisputed facts adduced at the suppression hearing establishes the extensive involvement of the law enforcement officers.

Officers William Johnson and Fred Stadtler were detectives with the Organized Crime Bureau of Narcotics, Investigation Section employed by Dade County, Florida. They were assigned to work in the Miami International Airport to investigate interstate transportation of narcotics. On the evening of March 31, 1979 at about 8:30 or 8:45 p. m., Detective Johnson observed a suitcase up against the National Airlines ticket counter on the rear side at the very end of the counter. (TR 21 — 22). 1 The bag was located about 10 to 15 feet from the entrance of the conveyer belt that transported baggage to the baggage makeup area. (TR 21) He observed the suitcase for about 15 minutes, noting that it bore no identification nor any destination tag. When no one approached the…

Appellant was tried by the court on two counts of violation of the narcotics laws after the denial of her motion to suppress evidence. Her appeal from the conviction raises issues related only to the denial of the motion to suppress.

A Dade County detective assigned to the Miami International Airport saw a suitcase that appeared to have fallen from a National Airlines conveyor belt in back of its ticket counter. It had no identification on it. He notified the airline’s shift supervisor who made inquiries at the ticket counter. When no one could be found who could identify the suitcase, the supervisor took the suitcase to an office, accompanied by the officer who had found it and also by another officer who happened to be in the vicinity. The supervisor proceeded to open the suitcase to determine the identity of the owner, but when he had difficulty with a lock, one of the officers said that it merely needed to be tapped. The officer tapped or kicked the mechanism and it released the lock. The airline supervisor then continued the process of opening the bag. When the supervisor lifted the lid he and the officers immediately saw a revolver and many small packages wrapped in contact…

614 F.2d 643 UNITED STATES of America, Plaintiff-Appellee, v. Angela Luz GOMEZ, Defendant-Appellant. No. 78-3516. United States Court of Appeals, Ninth Circuit. Dec. 28, 1979. Rehearing Denied March 17, 1980. Carl E. Stewart, Newport Beach, Cal., Charles D. Edelstein, Miami, Fla., for defendant-appellant. J. Stephen Czueleger, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before CHAMBERS and HUG, Circuit Judges, and INGRAM, * District Judge. CHAMBERS, Circuit Judge: 1 Appellant was tried by the court on two counts of violation of the narcotics laws after the denial of her motion to suppress evidence. Her appeal from the conviction raises issues related only to the denial of the motion to suppress. 2 A Dade County detective assigned to the Miami International Airport saw a suitcase that appeared to have fallen from a National Airlines conveyor belt in back of its ticket counter. It had no identification on it. He notified the airline's shift supervisor who made inquiries at the ticket counter. When no one could be found who could identify the suitcase, the supervisor took the…