United States v. Vincent Ezeiruaku

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this appeal by the United States is whether the fourth amendment “border search” exception to the requirement of probable cause, reasonable suspicion or a warrant applies to outgoing as well as to incoming border searches of luggage. The district court determined that there was no justification for applying the border search exception to outgoing searches. We disagree, and for the reasons that follow, will reverse.

I

Jurisdiction was proper in the trial court based on 18 U.S.C. § 3231. We have jurisdiction under 18 U.S.C.…