United States v. Nzelo Chinedu Okafor

Nzelo Chinedu Okafor (“Okafor”) claims the government violated his Fourth Amendment rights when customs inspectors searched his luggage at Los Angeles International Airport (LAX). The customs officials emptied his suitcase and x-rayed it. Thereafter, suspecting a hidden compartment, they inserted a needle-like probe into the suitcase and found cocaine. Okafor contends that this warrantless border search was not routine and that the fruits of the search should be suppressed. Okafor also contends that there were Miranda and Apprendi violations. We reject Okafor’s contentions and affirm his conviction and sentence.

FACTUAL BACKGROUND

Okafor was traveling from Brazil to Japan on a plane that made a scheduled stop to refuel at Los Angeles International Airport. Okafor exited the plane at LAX and went to the “in transit” lounge. Customs Inspector John Whitaker was screening passengers entering the lounge.

Okafor spoke with Whitaker. He showed his travel documents to Whitaker, who became suspicious of Okafor. Whitaker’s suspicion was based on several reasons: (1) Okafor had purchased his ticket one day before departure; (2) Okafor, a U.S. citizen, told Whitaker he was on vacation in…