United States v. Charles M. Anderson, Sandra Jane Szabo, and Luis Eduardo Ferreira

The government appeals from an order granting the appellees’ motions to suppress evidence seized from five pieces of luggage after the appellees were arrested for possession of cocaine. 21 U.S.C. § 841 (a)(1). It contends that the appellees are precluded from challenging the search because they lack a reasonable expectation of privacy in the luggage and that, in any case, the evidence was not obtained as the result of an illegal stop or an illegal arrest. We reverse and remand to the district court for further findings of fact, as specified below.

BACKGROUND

On February 17, 1980, Drug Enforcement Agent (DEA) Elena Cox received information from a confidential informant that a certain Jet Commander aircraft, chartered through Gus Maestrales and piloted by Ben Rhodes and Jean Hauck, would leave Fort Lauderdale, Florida, at approximately 6:00 P.M. Florida time for the Los Angeles area, with a probable destination of the Orange County airport. The informant believed the plane would contain narcotics, though he stated that Rhodes had denied this to Hauck. Agent Cox felt the informant was reliable because he had supplied information to the DEA on two previous occasions which led to 15…