DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
011665P.pdf 02/07/2002 United States v. Augustine DeMoss
U.S. Court of Appeals Case No: 01-1665
District of Minnesota
Criminal case - criminal law. Drug interdiction officer did not
seize package when he lifted it from the Federal Express
conveyor belt at the Minneapolis airport, and he did not need
reasonable suspicion to remove the package from the belt;
sender had no legitimate expectation that the package would
not be observed while it was being shipped, and act of lifting
the package to look at the airbill was an insignificant
interference with the normal processing of the package; at
the point the package was seized, the officer had reasonable
suspicion that the package contained drugs, and he could
subject it to a canine sniff; order suppressing search
vacated, and case remanded for further proceedings.
Concurrence by Chief Judge Hansen.