United States v. Abraham Pina Moreno

GEWIN, Circuit Judge:

In this appeal we are asked to decide the constitutional propriety of an airport search and seizure, the fruits of which resulted in Abraham Pina Moreno’s arrest and non-jury conviction under 21 U.S.C. § 841(a)(1) 1 for the unlawful possession of 86.6 grams of heroin with an intent to distribute. Important questions of public policy are involved in this case. Resolution of the primary issue presented requires this court to perform the difficult and sensitive task of balancing the individual rights protected by the fourth amendment against the overwhelming public interest…