United States v. Peter M. Kendall, United States of America v. Gerald A. Akers

Appellants Kendall and Akers appeal their convictions for conspiracy and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). Following denial of their motions to suppress the contraband by the trial court, defendant-appellants waived trial by jury and on March 14,1980 were found guilty on stipulated facts. Using an objective test standard as determinative for intent to abandon, the trial court found appellants had abandoned the suitcase containing the cocaine, thereby relinquishing any reasonable expectation of privacy in it. Consequently, the court found that appellants lacked standing to complain of the subsequent warrantless search. We agree with the lower court’s use of the objective test to determine abandonment and affirm both the denial of the motions to suppress and the convictions.

Factual Background

On October 17, 1979, San Diego narcotics agents were alerted by Fort Lauderdale, Florida narcotics agents that appellants were flying to San Diego for the supposed purpose of delivering cocaine. The San Diego agents were given descriptions of appellants as well as descriptions of their luggage and appellants were placed under…