United States v. Montas

41 F.3d 775 (1st Cir. 1994)

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Nature of the Case

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Facts

A dog used by Customs K-9 detected drugs in two suitcases. The two bags had been checked in the name of Miguel Rivera and bore identification tags with Rivera's name written by hand. A third bag was discovered to be checked in Rivera's name, but no cocaine was detected therein. The identification tag affixed to third bag bore the handwritten name of Pedro Felix followed by D's address. All three bags had consecutive claim tag numbers. Records indicated that Felix and Rivera had purchased their tickets, checked in, and checked their bags, at the same time. They also had been assigned adjacent seats on the flight. D was found ready to board the flight. Rivera was never found. In addition, a crumpled piece of paper was found discarded by D and found to be the claim checks for all three bags. D was arrested and tried. Agent Ivan Rios was called as a witness. The agent explained about similar drug cases involved with airport luggage. The agent testified that smugglers do not use their real names on tickets and luggage. D object to this evidence for speculation, relevance, and leading questions. They were all overruled. D was convicted. D appealed on grounds that the admission of the agent’s testimony under Rule 702 was erroneous in that it concerned a subject within an average juror’s understanding.