United States v. Karyn Rene Walther, United States of America v. Graciela Barba-Barba

In these consolidated appeals, the government appeals the granting of the defendants’ separate motions to suppress evidence obtained during a series of searches taking place on or about August 17, 1979. We affirm the rulings of the court below.

I. BACKGROUND

Unless otherwise indicated, the following factual development has been gleaned from the district court’s findings below.

On August 17, 1979, a woman’s overnight case arrived at the Western Airlines baggage terminal at Seattle-Taeoma International Airport. The case had been shipped as a “Speed Pak” from San Diego and was addressed to a “Mrs. R. Nelson” of Vashon Island, Washington. Shortly after the case arrived, a Western Airlines employee named Hank Rivard examined the case by shaking it. Rivard found the case to be somewhat suspicious because it was lightweight, did not rattle when shaken, and was taped shut. He opened the case and found that it contained a white powder substance.

After discovering the white powder, Ri-vard contacted Special Agent Walt Brehm of the Drug Enforcement Administration. Brehm and several other DEA agents went to the Western terminal, where they observed the open case and white powder. A field…