United States Ninth Circuit

A conviction for drug-related offenses after methamphetamine was found in a package sent to defendant via FedEx is affirmed over a claim of erroneous denial of a suppression motion as: 1) under circuit precedent, a temporary diversion of a package that does not affect its regularly scheduled delivery does not violate the Fourth Amendment; and 2) in this case, a ten-minute detention of the package without reasonable suspicion did not implicate defendant's Fourth Amendment rights.

Appellate Information

• Argued 11/16/2006
• Decided 05/14/2007
• Published 05/14/2007

Judges

• WARDLAW, Circuit Judge., Before STEPHEN S. TROTT, KIM McLANE WARDLAW, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Peter C. Wolff, Jr., Federal Public Defender, Honolulu, HI, for the defendant-appellant., Edward H. Kubo, Jr., United States Attorney, Beverly Wee Sameshima, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.