UNITED STATES v. VEGA-BARVO

No. 82-5957.

729 F.2d 1341 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Maria VEGA-BARVO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 16, 1984.


Attorney(s) appearing for the Case

Kenneth E. Cohen, Charles G. White, Asst. Federal Public Defenders, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Michael W. Burnbaum, Linda Collins Hertz, James G. McAdams, III, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before RONEY, HATCHETT and ANDERSON, Circuit Judges.


RONEY, Circuit Judge:

This case and other cases decided this day raise the question as to what standard should be applied in deciding the Fourth Amendment constitutionality of x-ray searches of the stomach, manual body cavity probes, and detention to determine if persons entering the United States are carrying contraband narcotics in their bodies.1 During a border search, an x-ray revealed that defendant Maria Victoria Vega-Barvo had swallowed...

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