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U.S. v. HYDE

No. 93-7790.

37 F.3d 116 (1994)

UNITED STATES of America, Appellant, v. Jewel Rose HYDE; Patricia Yvonne Gray; Karen Boothe, a/k/a Karen Boothe-Waller, a/k/a Karen Ann Marie Boothe.

United States Court of Appeals, Third Circuit.

Decided September 28, 1994.

Attorney(s) appearing for the Case

Hugh P. Mabe, III, U.S. Atty., Azekah E. Jennings, Asst. U.S. Atty., Christiansted, St. Croix, U.S. Virgin Islands, Kathleen A. Felton (argued), U.S. Dept. of Justice, Appellate Section, Crim. Div., Washington, DC, for appellant.

Bennett Chan, Deverita C. Sturdivant, Dudley, Clark & Chan, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee Jewel Rose Hyde.

Henry V. Carr, III, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee Patricia Yvonne Gray.

Thurston T. McKelvin, Federal Public Defender, Laura M. Palguta (argued), Asst. Federal Public Defender, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellee Karen Boothe, a/k/a Karen Boothe-Waller, a/k/a Karen Ann Marie Boothe.

Rosalie Simmonds Ballentine, Atty. Gen., Paul L. Gimenez, Sol. Gen., Pamela Lynn Wood (argued), Asst. Atty. Gen., Virgin Islands Dept. of Justice, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for amicus curiae Government of the Virgin Islands.

BEFORE: STAPLETON, ALITO and WEIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Jewel Rose Hyde ("Hyde"), Patricia Gray ("Gray"), and Karen Boothe-Waller ("Boothe-Waller") were subjected to pat-down searches by customs officers at the St. Thomas airport as they were leaving the Virgin Islands for Miami, Florida. The district court suppressed the cocaine seized as a result of those searches on the ground that the customs officers had no probable cause to search the women and the search therefore...

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