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United States v. Jordan

filed*fn*: January 3, 1992.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LYNELL JORDAN, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Central District of California. Wallace Tashima, District Judge, Presiding. D.C. No. CR-90-421-AWT

Before: Schroeder and Kozinski, Circuit Judges, and McKIBBEN,**fn** District Judge.

MEMORANDUM

Lynell Jordan appeals the district court's denial of his motion to suppress heroin seized from him at the Los Angeles International Airport.

The district court denied Jordan's motion to suppress holding that the brief detention of Jordan's checked luggage did not constitute an illegal seizure. The district court also found that Jordan consented to the search.

The authorities briefly detained Jordan's luggage after he had checked it at the airport. He was then asked if he would consent to a search of that luggage and he gave his consent. The brief detention of Jordan's luggage and whatever observations Jordan made of the luggage before his detention did not interfere with Jordan's travel or his possessory interests in the luggage. There was no seizure under the Forth Amendment. United States v. Brown, 884 F.2d 1309, 1316 (9th Cir. 1989). Jordan was not under arrest and he was free to leave at all times. The district court properly found that Jordan was under no compulsion and he freely consented to the search.

AFFIRME ...


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