United States v. Bonnie Joyce Ember

The government appeals from a district court judgment of acquittal. We dismiss the appeal because further prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment.

I.

FACTS

The government charged appellee Bonnie Joyce Ember in a two count indictment with importation and possession with intent to distribute of approximately 530 grams of cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 952(a), and 960(a)(1). United States customs inspectors conducted a search of Ember after she arrived at Los Angeles International Airport on a'flight from Lima, Peru. The customs inspectors allegedly discovered cocaine in a pair of black suede boots that Ember was wearing and in a pair of ski boots that she was carrying.

Ember waived her right to trial by jury, and trial commenced before the district court on May 24, 1983. Ember objected to the introduction of the black suede boots into evidence on the grounds that they were obtained through an illegal search and seizure. Despite the government’s contention that Ember had waived this objection by not making a timely motion to suppress, the district court held that the boots were inadmissible.

The district court also excluded…