United States v. Anita Lynne Erwin

Appellant was detained by customs officials upon her arrival at San Francisco International Airport from Bangkok, Thailand, and subjected to a baggage search. This search revealed items which, in addition to her apparent physical restrictions in walking and sitting, led customs agents to believe she had something secreted in a body cavity. After appellant refused to submit to a strip search, the agents sought a court order requiring her to submit to a strip search and x-ray, and if the x-ray revealed a foreign object in a body cavity, to submit to a body cavity search as well.

The order was obtained and the x-ray taken, which revealed a foreign body in appellant’s vagina. Appellant then removed the object which proved to be packets of heroin encased in a plastic container. Appellant was detained while these events occurred, the detention lasting approximately seven hours, part of which time her attorney was present.

A motion to suppress the heroin was denied by the trial court. That denial is appealed, with four grounds argued in support. Appellant also argues that error occurred in the giving of a jury instruction on deliberate ignorance. We affirm the conviction.

I.…