United States v. Raul Freire, Antonio Maria Rubio, Jorge Mastrapa, and Hector Guillermo Pupo

KRAVITCH, Circuit Judge:

This case presents the question whether the recent Supreme Court holding in United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), applies retroactively. We determine that it does. Hence we reverse the district court’s order suppressing the evidence seized from appellees’ briefcases and remand the case for trial.

I

While performing a routine cargo inspection at Miami International Airport on December 15, 1981, customs inspectors discovered approximately four kilograms of cocaine secreted in a shipment of furniture from Santa Cruz, Bolivia. Customs…