United States v. Sokolow

During his stopover in Los Angeles, "Kray" was shadowed by agents of the federal Drug Enforcement Administration (DEA). These agents confirmed that "Kray" seemed highly nervous, and was unwilling to check any of his baggage. When "Kray" and Norian arrived in Honolulu, they immediately left the airport and were attempting to hail a cab when they were detained by DEA Agent Richard Kempshall and three of his colleagues. Kempshall asked "Kray" for his airline ticket and identification, and "Kray" responded that he possessed neither, and revealed his true name, explaining that he was travelling using his mother's maiden name. Sokolow and Norian were then escorted to the DEA offices in the Honolulu airport, where their luggage was examined by Donker, a narcotics-sniffing police dog. Donker responded positively to Sokolow's shoulder bag, and the agents arrested Sokolow forthwith. Sokolow was advised of his constitutional rights and declined to make any statements. The DEA agents then acquired a warrant to search Sokolow's bag, which contained no illegal substances, but did hold business papers indicating his involvement in drug trafficking. Donker then sniffed the rest of Sokolow's luggage, and responded positively to another piece, but it was too late in the day for the DEA agents to acquire a second search warrant. Sokolow was thus allowed to leave for the night, but his luggage was impounded pending acquisition of a new warrant in the morning. The warrant was duly obtained, and 1063 grams of cocaine were uncovered in the second bag identified by Donker.