Opinion

United States of America, and v. Rickie A. Scheiblauer, And

  • 472 F.2d 297
  • 1973 U.S. App. LEXIS 12138
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 17, 1973
Status
Published
Author
Chambers
On the bench
Chambers, Trask, Byrne
Cited by
16 cases

a permissible investigative stop may cause an innocent party to think that person is under arrest

How later courts described this case

  • a permissible investigative stop may cause an innocent party to think that person is under arrest

Written by the judges who cited it.

The opinion

CHAMBERS, Circuit Judge

(concurring) :

I concur. I believe the customs agents could take notice of the frequency of direct passenger service every day from Tucson to Chicago by American Airlines and Trans World Airlines. The incidence of a man and woman chartering a plane to go to Phoenix to catch an unneeded commercial flight to Chicago when there are frequent flights on Air *302 West, Frontier, American, Trans World and Cochise airlines to Phoenix, would be about one in a thousand if some smuggling were not involved. The chartered plane could be obtained in Tucson from a remote hangar, unlike the main air terminal, not under the full time surveillance of customs officers. Then there was the highly suspicious method of transfer from the chartered plane to the commercial plane at Phoenix. All this would lead to an articulable belief that customs “monkeybusiness” was afoot. I think there was immediate probable cause to search before any questioning. Certainly after a little questioning, the basis for a search got better.

I fully concur in Judge Byrne’s opinion, but I set forth the foregoing as an alternate ground to uphold the sequence of the search and the ultimate arrest.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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