United States v. Michael Gene Shreve

The sole issue on appeal is the validity of an X-ray search revealing cocaine that appellant Shreve was attempting to smuggle through the customs checkpoint at the Los Angeles International Airport. After discovery of the object by X-ray, Shreve was arrested and detained until the contraband passed normally from the body cavity.

Shreve had arrived in Los Angeles from Lima, Peru, and customs inspectors noticed that he was walking in an unnaturally erect and stiff manner, suggestive of body cavity smuggling. He was directed to secondary inspection, where customs inspectors elicited the following information: Shreve was an unemployed carpenter, and had paid cash for his airline ticket. He traveled alone on a newly issued passport; his stay in Peru, a known cocaine source country, had been short, and he knew no one there; and experienced officers noted he was unusually talkative, overly friendly, and nervous.

Based on these observations, inspectors conducted a pat down search. During the inspection, the inspectors noticed Shreve’s nervousness, and that he continued to move in a constrained fashion suggestive of body cavity smuggling. It was noted that defendant’s eyes were dilated…