United States v. Oscar Alfonso Castrillon

This case concerns the voluntariness of Castrillon’s consent to an x-ray search which revealed that he was smuggling in his stomach balloons containing cocaine. The government appeals from the district court’s orders granting Castrillon’s motion to suppress evidence and denying the government’s motion for reconsideration. We note jurisdiction under 18 U.S.C. § 3731 (1976). Because we are unable, without more specific findings of fact, to determine whether the trial court clearly erred in holding that the consent was not voluntary, we reverse and remand to the district court for a statement of its essential factual findings as required by Fed.R.Crim.P. 12(e).

The government contends that Castrillon voluntarily consented to the x-ray examination and, if not, that the search was justified by clear indication that Castrillon was a balloon swallower. It also argues that even if Castrillon did not voluntarily consent to the x-ray, the challenged evidence is admissible because the government had sufficient suspicion to detain Castrillon long enough to see if he passed contraband through normal bodily functions. Alternatively, the government seeks reconsideration of the clear indication…