How have the courts dealt with the search of heroin at LaGuardia Airport?

MultiRegion, United States of America

The following excerpt is from U.S. v. Riquelmy, 572 F.2d 947 (2nd Cir. 1978):

3 United States v. Westerbann-Martinez, supra, 435 F.Supp. at 692-94, involved two defendants who arrived at LaGuardia Airport from Chicago. They aroused the suspicion of a narcotics agent by "the way they were looking around." They were followed as they walked in silence through the terminal, and were described as repeatedly looking behind them. They were accosted outside the terminal in a taxi stand line by an agent who asked to examine their identification and tickets. Dissatisfied with one defendant's lack of identification, the agent directed the men to return to the terminal, where a conversation occurred during which the agent claimed he obtained the consent of one defendant to search a small bag. Heroin was found in the bag. Both men were charged in a three-count indictment with the same crimes cited in the indictment against appellees here. Both men moved to suppress the heroin, and the Government contended that the unsearched defendant did not have standing to challenge the search of the bag.

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