United States v. Delphine O. Tolbert

KRUPANSKY, Circuit Judge.

This is an appeal from an Order of the District Court for the Eastern District of Michigan suppressing certain evidence relating to the criminal prosecution of Delphine O. Tolbert (Tolbert) for possession with intent to distribute cocaine. 21 U.S.C. § 841(a)(1). The matter is properly before this Court pursuant to 18 U.S.C. § 3731. 1

The circumstances of this case once again require this Court to assess the constitutionality of the conduct of law enforcement agents preceding an arrest at an airport. 2 Because “[e]aeh case raising a Fourth Amendment issue must be judged…