United States v. Christopher James Mines

Good Law
883 F.2d 801·1989 WL 97469·1989 U.S. App. LEXIS 12814
United States Court of Appeals for the Ninth CircuitAugust 25, 198987-5339California1,710 words

Opinion

Opinion

Leavy, J.

OVERVIEW

Christopher James Mines appeals the denial of his motion to suppress evidence that he possessed an unregistered machine gun lacking serial numbers in violation of 26 U.S.C. §§ 5861 (d) and (i) (1982). Detectives searching for narcotics at the Los Angeles International Airport (LAX) found a MAC-11 9mm machine gun with fully loaded magazines in plain view in Mines’ checked luggage after he consented to a search. Mines claims the search of the gun was in violation of the fourth amendment. We affirm.

FACTS

On July 27, 1987, detectives Robert Gart-ner and Don Lehan of the Los Angeles Police Department’s narcotics division were on plainclothes duty at LAX. At approximately 3:00 p.m. they watched an individual later identified as Mines purchase a ticket with cash at the Delta Airlines counter. Mines caught the agents’ attention because he was constantly looking around, appeared to be extremely nervous, and was carrying a telephone paging device. After purchasing the ticket, Mines placed a call from an airport pay telephone. From the adjacent booth, Gartner overheard Mines say that he would be bringing an AK-47. Gartner knew that an AK-47 is an assault rifle favored by drug…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.