United States v. Larry Wayne Smith

This appeal challenges the legality of a second search by customs officials after the appellant had initially evaded detection by hiding the contraband. We uphold the second search.

The appellant, Larry Wayne Smith, was a passenger on an international flight from Lima, Peru, to San Francisco, which made an intermediate stop in Los Angeles. At Los Angeles, all of the passengers, including the appellant, were processed through customs. While the passengers were off the plane for those procedures, customs agents searched the plane and discovered about three and a half pounds of cocaine hidden in the ceiling panels in the right rear lavatory of the plane. The customs agents replaced the cocaine and, joined by agents of the Drug Enforcement Administration, kept the right rear lavatory under surveillance during the continuation of the flight to San Francisco.

Shortly after the airplane left Los Angeles, appellant approached the lavatory area carrying a shoulder bag and appearing “nervous, ill, and perspiring and breathing heavily.” He entered the center lavatory and remained for sixteen minutes. Only two persons used the right rear lavatory; each remained only a few minutes and…