THE STATE OF FLORIDA, APPELLANT,
v.
DENIS LINCOLN GORDON SCHLOSS, APPELLEE
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The court held that customs officials need only reasonable suspicion, not probable cause, to conduct a routine customs search of baggage entering the United States.
Customs officials searched the defendant's baggage upon entry into the United States from a foreign country and seized cannabis. The trial court suppr…
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PER CURIAM.
The defendant was charged by the State of Florida in an information with the offenses of possession of cannabis and importation of cannabis into the State of Florida.
This interlocutory appeal is by the state from an order of the Circuit Court of Dade County granting the defendant’s motion to suppress evidence (cannabis) seized as a result of a customs search made of defendant’s baggage upon his entry into the United States from a foreign country. The court’s order was entered upon its determination that the customs officials had no probable cause to believe the defendant was carrying contraband.
The state contends that the trial judge erred in applying the standard of “probable cause” to this routine customs search. We find merit in the state’s contention and reverse.
Customs officials derive their authority to search the luggage of persons entering the United States from foreign countries from the provisions of Title 19 U.S.C. § 482 (1970). Under that section, a reasonable suspicion alone is sufficient to authorize a customs search. United States v. Diamond, 471 F. 2d 771 (9th Cir. 1973); Shorter v. United States, 469 F. 2d 61 (9th Cir. 1972); United States v. Weil, 432 F. 2d 1320 (9th Cir. 1970), cert. denied 401 U.S. 947, 91 S.Ct. 933, 28 L.Ed.2d 230 (1971); United States v. Hill, 430 F. 2d 129 (5th Cir. 1970).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Iselene Smith, 399 So. 2d 22 (Fla. 3d DCA 1981)…was concealed. Defendant was arrested and charged with possession of a controlled substance, importation of a controlled substance and trafficking. Following a hearing on defendant’s motion to suppress, the trial court ruled that State v. Schloss, 341 So. 2d 1024 (Fla.3d DCA 1977) required a customs search to be predicated upon reasonable suspicion of criminal activity. Finding no reasonable suspicion, the court suppressed the evidence seized from defendant Smith. On appeal the state, citing 19 U.S.C. § 1582…
Authorities Cited
- United States v. Hill, 430 F.2d 129 (5th Cir. 1970)
- United States v. Weil, 432 F.2d 1320 (9th Cir. 1970)
- Morgan v. Null, 401 U.S. 947 (U.S. 1971)
- First Nat'l Bank of Cornelia v. Jackson, 401 U.S. 947 (U.S. 1971)
- Shorter v. United States, 469 F.2d 61 (9th Cir. 1972)
- United States v. Diamond, 471 F.2d 771 (9th Cir. 1973)