Russell

United States v. Russell

Good Law
664 F.3d 1279·2012 WL 19380·2012 U.S. App. LEXIS 131
United States Court of Appeals for the Ninth CircuitJanuary 5, 201211-30030California2,406 words

Opinion

Opinion

McKEOWN, J.

This case presents an issue of first impression in this circuit as to the scope of a voluntary consent to search at an airport. Keith Russell appeals from the district court’s denial of his motion to suppress 700 Oxycodone pills found in his underwear after a warrantless search by officers in the Seattle-Tacoma International Airport. We conclude that Russell voluntarily consented to a search of his person, and that the arresting officer’s full-body pat-down, including the groin area outside Russell’s pants, was reasonable and did not exceed his consent. We affirm the district court’s denial of the motion to suppress the pills as evidence.

Background

This fact-intensive appeal centers on the details surrounding Russell’s arrest and search. The suppression hearing included testimony from Russell and three law enforcement officers. The district court credited the version of events narrated by the officers over that by Russell.

Officer Matt Bruch is a Port of Seattle Police Officer assigned as a task force officer with the Drug Enforcement Administration group at the Seattle-Tacoma International Airport. On August 12, 2010, Bruch received a phone call from an Alaska…

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