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UNITED STATES v. PRICE

No. 72-2535.

472 F.2d 573 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Mayce PRICE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 22, 1973.

Attorney(s) appearing for the Case

Dean R. Pic'l (argued), John M. Polakovic, Pomona, Cal., for defendant-appellant.

Richard E. L. Strauss, Asst. U. S. Atty. (argued), Stephen G. Nelson, E. Mac Amos, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH and KILKENNY, Circuit Judges.

PER CURIAM:

This appeal involves the scope of a strip search conducted by Customs officials, which search revealed the presence on appellant's person of narcotics. We reverse.

As this court has repeatedly held, the foundation required for a valid strip search of an individual at our borders is "real suspicion," which we have defined as subjective suspicion supported by objective, articulable facts that would lead an experienced, prudent Customs official to...

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