United States v. Aukai
United States Court of Appeals for the Ninth Circuit
440 F.3d 1168 (2006)
- Written by Miller Jozwiak, JD
Facts
Daniel Aukai (defendant) went to the airport for his flight. When checking in at the ticket counter, Aukai failed to produce a government identification, so the agent wrote “No ID” on Aukai’s boarding pass. Aukai then went to the security checkpoint. Aukai went through a metal detector, which was not triggered. Aukai then presented his boarding pass to a Transportation Security Administration (TSA) officer. Because the boarding pass was marked “No ID,” the TSA officer subjected Aukai to a secondary screening, even though Aukai went through the metal detector without an issue. TSA officers then used a detection wand to further screen Aukai. Aukai objected and at one point said he wanted to leave the airport. The wand detected something in Aukai’s pocket, which had a bulge. Aukai eventually removed from his pocket a glass pipe that was used to smoke methamphetamine. The United States (plaintiff) eventually indicted Aukai for drug crimes. In response, Aukai moved to suppress the evidence found at the airport. The district court denied Aukai’s motion. Aukai pleaded guilty but reserved the right to appeal his suppression motion, which he did.
Rule of Law
Issue
Holding and Reasoning (Bea, J.)
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