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92-3596Court of Appeals for the Fifth Circuit25 mars 2004

Texte intégral

1Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
for the Fifth Circuit
_____________________________________
No. 92-3596
Summary Calendar
_____________________________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JEFFERY M. ANKRUM,
Defendant-Appellant.
______________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
CR 91 481 A
______________________________________________________
March 29, 1993
Before KING, DAVIS and WIENER, Circuit Judges.
PER CURIAM:1
This appeal is back before us following our remand to the
district court for additional findings. We have now received the
detailed findings and conclusions of the district court and affirm
its order denying Ankrum's motion to suppress.
We described the facts surrounding the search at issue here in
our earlier opinion. In summary, two Jefferson Parish sheriff's
deputies stationed at the New Orleans International Airport became

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suspicious of Ankrum as he departed a flight from Houston.
Officers Davis and Juncker approached Ankrum, identified themselves
and asked to speak with him. When the police officers' suspicions
were further aroused, they asked Ankrum for permission to search
his hand luggage. The district court's finding that Ankrum
consented to this search is supported by the record. Officer Davis
then asked Ankrum to accompany him into the men's room from the
airport lobby so that the officer could search Ankrum's person.
The district court's finding that Ankrum agreed to this request is
also supported by the record. When Officer Davis and Ankrum got in
the men's room Officer Davis began a pat down search. He almost
immediately discovered a bulge above Ankrum's groin area. When the
officer touched the bulge, Ankrum spun around and started hitting
Davis. A struggle ensued, after which Officer Davis and others
succeeded in subduing Ankrum and preventing him from flushing the
hidden cocaine down the toilet. The district court's conclusion
that the officers were justified in arresting and seizing Ankrum
after he assaulted officer Davis is clearly correct.
The findings of the district court are amply supported by the
record and its legal conclusions are correct. Accordingly, we
affirm its order denying the motion to suppress.
AFFIRMED.

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