Loaiza-Marin, an alien convicted of possession of cocaine with intent to distribute, appeals complaining of the trial court’s refusal to suppress the cocaine,
At the Border Patrol station where he was taken after being arrested for illegal entry, an agent searching his suitcase found a soft pillow with hard lumps inside. A corner of it was loosely sewn shut with thread which differed in color from that binding the remainder. When the agent opened the pillow seeking possible contraband or valuables, 1 he discovered bags of cocaine. He turned Loaiza and his cocaine over to the Drug Enforcement Administration.
Loaiza contends to us that the trial judge improperly concluded that the Border Patrol agents found the cocaine pursuant to an inventory search. The search was not an inventory search, he asserts, because one of the Border Patrol agents testified that it was not and because the agents did not complete the proper forms for an inventory search.
The Supreme Court has held that “it is not ‘unreasonable’ for police, as part of the routine procedure incident to incarcerating an arrested person, to search any container or article in his possession in accordance with established inventory procedures.”
Illinois v. Lafayette,
The search of the pillow constituted a reasonable inventory search. The agent who conducted the search testified that the hard lumps and the different colored thread, together with the knowledge that aliens often hide their valuables, led him to believe that Loaiza may have cached valuables in the pillow. He further indicated that inventorying valuables constituted part of the Border Patrol’s routine post-arrest administrative procedure. The purpose of searching for valuables comports
Other courts have upheld inventory searches in factually similar circumstances. In
United States v. Rabenberg,
Contrary to Loaiza’s contention, the agent’s failure to complete the inventory forms does not mean that the search was not an inventory search. Upon discovering the cocaine, the agent turned Loaiza over to the D.E.A. and therefore had no reason to complete the inventory form. Although the Border Patrol procedures indicate that the forms should have been completed, other courts addressing the same issue have concluded that failure to compile the written inventory does not render the inventory search invalid.
See United States v. Trullo,
Although one of the agents at the suppression hearing testified that the search which yielded the cocaine was conducted “prior to an inventory search,” the context of his testimony makes clear that the search was being conducted prior to the making of an inventory list Thus his testimony, which was ambiguous at best, cannot serve as the basis for a conclusion that the search was not an inventory search. The search of the pillow was a reasonable inventory search. The district court’s denial of the motion to suppress the cocaine, and appellant’s conviction, are
AFFIRMED.
Notes
. Which detention policy required be listed.
