United States v. Place

462 U.S. 696 (1983)

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Nature of the Case

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Facts

Law agents at Miami Airport notified the DEA in New York about their suspicions (based on behavior and discrepancies in address and phone number) that Place (D) was carrying narcotics. The DEA met D at LaGuardia Airport and told him that they believed he was carrying illegal drugs. D gave his identification but refused to allow the agents to search his luggage. The DEA told D that they were taking his luggage to a federal judge to get a search warrant and that he could accompany them. D declined, and the DEA gave him a number to call to get his luggage. The DEA took his luggage to a narcotics-sniffing dog 90 minutes later. The dog reacted positively to one bag. The DEA obtained a search warrant Monday morning (the bags were seized late Friday). D was convicted of possession of cocaine with intent to distribute. The district court denied D's motion to suppress. The 2nd District reversed. The government (P) appealed.