Ayon-Meza

Jose Rodolfo Ayon-Meza (Jose) and Alcadio Ayon-Meza (Alcadio) entered conditional pleas of guilty to charges of conspiracy and possession with intent to distribute approximately 4,995.3 grams of cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and were sentenced accordingly. Their pleas were conditional in that they reserved the right to appeal the ruling of the district court, after a hearing, that the evidence against them should not be suppressed. The sole issue before us is whether the challenged evidence was secured in violation of the Fourth Amendment.

Each case involving a Fourth Amendment claim presents a slightly different configuration of facts. There is some inclination to publish an opinion only when we are reversing, but it is helpful for both the district courts and law enforcement agencies to have before them examples of permissible procedures. We therefore publish this affirmance.

FACTS AND PROCEEDINGS

The following facts are taken from the affidavit sworn to by Tanya Tano, an officer of the Honolulu Police Department, on August 10, 1996, and from her testimony at the later suppression hearing. There are only minor, insubstantial discrepancies between…