United States v. Roland Ogbogu Oba

Roland Ogbogu Oba (“Oba”) appeals from the judgment entered upon his conviction for importing a controlled substance into the United States in violation of 21 U.S.C. § 952 . Oba contends that the district court erred in denying his motion to suppress the heroin and oral statements obtained from him by United States Cus toms officers following a border stop. Oba seeks reversal of the judgment on three discrete grounds:

1) The United States Customs officers’ prolonged detention of Oba was not justified by facts showing that a reasonable suspicion existed that he had placed a controlled substance in his alimentary canal.

2) The Government failed to meet its burden of proving that Oba’s oral consent to an x-ray examination was obtained freely and voluntarily.

3) Oba’s written consent to an x-ray examination and oral statements were inadmissible because they resulted from a renewed interrogation that followed his express request for the advice of counsel.

We affirm because we conclude that the officers had reasonable suspicion to detain Oba for importing a controlled substance. We also hold that Oba’s consent to an x-ray was voluntary and that he did not invoke his right to an…