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Criminal Law

: Fourth Amendment

CA11: Customs detention of a suspected alimentary canal smuggler for nearly a day was with reasonable suspicion even though nothing was found

By John Wesley Hall, Jr.

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Where Customs officers clearly had reasonable suspicion to detain plaintiff for alimentary canal smuggling after her two day trip and her return flight had been diverted to FLL. She was eight months pregnant (precluding x-rays, a nifty trick of the smuggler recruiters) and when questioned, she exhibited extreme nervousness, sweating, and had to hold onto the x-ray machine to steady herself, and she had no luggage for her trip. Before she was stopped, she was obviously avoiding all eye contact with Customs officers, and that piqued their interest in her. Her information in the Customs computer showed she was targeted for questioning because of her trip: REFER TO CUSTOMS FOR ENFORCEMENT EXAM. ACQUIRED TRAVEL DOCUMENTS SHORTLY BEFORE DEPARTURE...continue to full post

Full post as published by Fourth Amendment on July 18, 2009 (boomark / email).

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