{"id":57734,"date":"2024-04-28T14:44:03","date_gmt":"2024-04-28T19:44:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57734"},"modified":"2024-04-28T14:44:03","modified_gmt":"2024-04-28T19:44:03","slug":"ca9-apparent-drugs-found-in-tsa-screening-were-reasonably-seized","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57734","title":{"rendered":"CA9: Apparent drugs found in TSA screening were reasonably seized"},"content":{"rendered":"\n

The contents of defendant\u2019s suitcase alerted TSA screeners that something was awry. When his suitcase was opened, there were two vacuum sealed bags inside that were obviously drugs \u2013 \u201ca layperson would readily ascertain that the packages in Green’s suitcase contained illicit drugs\u201d \u2013 a \u201csingle purpose container.\u201d The district court\u2019s suppression order is reversed. That was based in part on the allegedly discredited theory that contact with fentanyl was often lethal, so there were safety concerns. The court of appeals declines to go there. United States v. Green<\/a>, 2024 U.S. App. LEXIS 10055 (9th Cir. Apr. 25, 2024).<\/p>\n\n\n\n

\u201cIn the present case, Garcia-Bengochea alleges Defendants used excessive force when they stopped him to investigate his identity as a parole fugitive and effectuate his arrest. He does not allege Defendants used excessive force against him as officers subjecting a prisoner to punishment, as officers in control of an arraigned pre-trial detainee, or in any other post-arrest circumstances. As a result, Garcia-Bengochea’s \u00a7 1983 claim is properly evaluated only as an alleged violation of his Fourth Amendment rights.\u201d And, the right claimed is not clearly established. Garcia-Bengochea v. Utah Dep’t of Corr., 2024 U.S. Dist. LEXIS 74662 (D. Utah Apr. 23, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The contents of defendant\u2019s suitcase alerted TSA screeners that something was awry. When his suitcase was opened, there were two vacuum sealed bags inside that were obviously drugs \u2013 \u201ca layperson would readily ascertain that the packages in Green’s suitcase … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32,52,51],"tags":[],"class_list":["post-57734","post","type-post","status-publish","format-standard","hentry","category-airport-searches","category-excessive-force","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57734"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57734\/revisions"}],"predecessor-version":[{"id":57735,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57734\/revisions\/57735"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}