United States v. Lonna Deane Ross

I.OVERVIEW

The United States appeals the district court’s suppression of cocaine found by airline employees during a search made pursuant to F.A.A. regulations in one of defendant’s two pieces of check-in luggage. The government contends that the district court erred in concluding that the stop-and-frisk exception under Terry v. Ohio, the “special needs” doctrine, and the Illinois v. Krull, 480 U.S. 340 , 107 S.Ct. 1160 , 94 L.Ed.2d 364 (1987) good faith exception do not apply to an airline representative’s search of defendant Lonna Ross’ luggage. We disagree and affirm the district court’s pretrial order suppressing the cocaine.

II. FACTUAL AND PROCEDURAL BACKGROUND

We incorporate the following observations of the district court.

After the entry of a conditional plea of guilty, the government contests the suppression of the cocaine found in the search of the blue nylon bag, the first search. It does not contest the suppression of the cocaine found in the gray suitcase, the second search.

III. DISCUSSION

A. Governmental Conduct

The government contends that the district court erred in finding that airline employees’ search was governmental action covered by the Fourth…