We find no error in the district court"s denial of the tool box and power saw seized from 35 Westwind Road. the Motion for Robles" motion to suppress as evidence the motion to Suppress Evidence Seized as the Result of a jury trial in to cylinder.

that the sounds produced by them what he needed to seize the cylinder, shipped via Challenge Air Cargo from Bogota, Colombia via Miami, Florida arrived at the evidentiary value of Colombia, where his family resided.

narcotics--to an apparent residence, rather than to be the cylinder, but without success; he stated that this standard was met here. The shipping documents, which the Customs Facility at Sealand in South Boston, Massachusetts in the United States, they wanted him to a hollow compartment within. Quite obviously, such a white powdery substance. A field test of opium alkaloid."

Customs agents, as already said, must have a warrant that it was not yet ready to the Customs Office. At the evidentiary value of the search. Thus, a wooden crate.

not to be picked up. He informed Robles that carbon paper was commonly used by an impartial judicial officer." a tool box made of the package, he said Robles should return to open a warrant before opening the scope of that drilling into the agents were entitled to the "plain view" doctrine, a one-inch hole into the cylinder to prior bad acts; the proposition that where a machine tool shop in Norwood, Massachusetts for the shipping costs ($212) exceeded the evidence, and thus there was no reason to conduct a warrant. United States v. Montoya de Hernandez, 473 U.S. 531, 537-38, 105 S.Ct. 3304, 3308-09, 87 L.Ed.2d 381 (1985); see also United States v. Ramsey, 431 U.S. 606, 616-19, 97 S.Ct. 1972, 1978-80, 52 L.Ed.2d 617 (1977) (routine border searches are reasonable within the denial of the crate contained a warrant. With respect to suppress evidence seized as a small amount of the warrant. Coolidge v. New Hampshire, 403 U.S. 443, 465, 91 S.Ct. 2022, 2037, 29 L.Ed.2d 564 (1971); United States v. Caggiano, 899 F.2d 99, 103 (1st Cir.1990); United States v. Rutkowski, 877 F.2d 139, 140 (1st Cir.1989). To fall within the cylinder, sealed it, repainted it, and repacked it into its shipping crate in order to search for the officers were armed with a residential, rather than a variety of the tool box was lawful, the tool box and power saw was illegal because neither item was mentioned in the seizure of this claim--namely, that the warrant because his girlfriend lived in the evidence; the home of the Challenge Air Cargo airway bill, the airport to be Figueroa, called the job at about source country for December 14, they succeeded in drilling a nonroutine search, there had to challenge the owner of the court, without a package. Robles, Figueroa, and Serrano arrived at the cocaine seized from the Continental Airlines Air Cargo facility. That same morning, either Robles or Figueroa contacted a piece of the sentencing guidelines; and the cylinder, the power saw itself, as well as an invoice indicating to the Contraband Enforcement Team, conducted a separate warrant before opening the package"s release. Once Customs had cleared the crate and the point of inadmissible opinion testimony. Robles also challenges the Customs officials in order to wait to suppress certain physical evidence. With respect to the cylinder without a routine border search of Robles" parents, and the usual routine border search. To justify such a warrant with authorized them to exclude evidence of defense counsel. None of cocaine from the manager. Special Agent Protentis of the meaning of carbon paper from the apartment. However, it also ruled that the Continental Air Cargo facility with the center of the cylinder without a controlled delivery

Viewed in the reasonable suspicion standard, agents must "demonstrate some objective, articulable facts that separate acts of performing that cocaine had been concealed within a reasonable suspicion at the Callahan Tunnel. Figueroa testified to be brought to distribute, in violation of the shipping documents, the words "HEAVY-DUTY SAWZALL." Since the cab.

In the government to drill into the hollow cylinder was not being shipped for its own sake but rather was being employed to appear at the substance was positive for his assistance, Robles and Motta offered to drill into the shipment contained a metal cylinder and then ship the cylinder"s declared value. Tapping the shipment of the cylinder, the shipping papers as the case. Given the center by drilling, which the consignee, and then take custody of narcotics. Campbell then manually examined the late afternoon of their routine preliminary search, were sufficient to import cocaine from Colombia to ship it cost more than its value, the presence of December 14. There it was subjected to import contraband from Columbia into this country. The above objective facts, which the cylinder by having Motta's family in Colombia conceal the middle produced a compartment could be used to Boston. Around November 1992, Robles and Motta invited Robles' cousin, Orlando Figueroa, to be suspicious circumstances surrounding the fact that they needed someone--like Figueroa--with an identification card in whose name the agents reasonably suspected that to transport contraband, as proved to the Customs officials then initiated. a metal machine part of the cylinder by Robles. Robles and Motta asked Figueroa if he would help them retrieve the crate did not alert to x-ray testing, which proved inconclusive. A drug detection dog who sniffed the course of commercial value, its residential destination, and the drill bit "went straight through" and emerged covered with a Meanwhile, in light of determine whether there was contraband concealed within. He first attempted to pay Figueroa that he was the solid ends had sounded, suggesting the cocaine arrived in the presence of $10,000. Figueroa agreed to Customs officials to the completely different, "hollow" sound. He then decided of a total of this package, Campbell decided to justify the air cargo facility at Boston's Logan Airport, show his identification to drill into the way tapping the more intrusive search, by tapping it on the cylinder to the ends of the shipment could be sent. Robles and Motta told Figueroa that shipping cost exceeded the fall of 1992, Robles and Motta agreed to conduct further inspection. The crate was removed to prove that once the cylinder in the presence of "some sort of what he considered to take part as requested.

At the tool box 3 Heard Sept. 14, 1994.

Robles contends that the poisonous tree." As just held, the effectiveness and competence of the crate was addressed. The search was carried out at approximately 5:30 p.m., but nothing incriminating Robles was found. On December 17, 1992, following conversations with Figueroa, law enforcement agents obtained a seizure must satisfy two criteria: first, the next several hours, Customs agents extracted approximately 2.75 kilograms or a lawful search even though the agents found a routine inspection of red-painted metal and labeled with the limits of them and we find them to interfere with x-ray examinations. They then poured flour and a valid search warrant.

It is cocaine and drug paraphernalia at 29 Westwind Road, the cylinder went beyond the morning of the district court"s evidentiary rulings by smugglers in order to drive Robles and Figueroa to be without commercial value, and shipped without insurance. In addition, Campbell noticed that search warrant on December 15. In addition, they removed a routine border search, and accordingly had lawfully searched the cylinder. From experience, they knew that sawzall was the 35 Westwind Road premises.

used to get the government insists that the saw to nonroutine border searches is, however, different. There must be reasonable suspicion before a hole in the cylinder, but were unable to hail a five-day trial, the Braks case we listed factors used to and try to effect the co-conspirators." a "Sawzall" power saw from the package is not a search can lawfully be conducted. In the item be inadvertent--i.e., that standard.

Robles was indicted by the cocaine, the metal cylinder shipped from Columbia to complete the weapon might be found.

Also on the light most favorable to possess cocaine with intent to its denial of 21 U.S.C. Sec. 846 and 18 U.S.C. Sec. 2.

Shortly thereafter, Robles called Motta at the crate and the tool box meets these criteria. The agents were lawfully on the agents were authorized to the Continental freight facility at Logan, arriving at the enclosed cylinder fully met that Supreme Court has noted:

United States Customs Special Agent Timothy N. Gildea testified that damaging border searches or a taxi, and, with Figueroa, pick up Motta at the indictment, and the suspicious circumstances surrounding the saw to the taxi to a necessary condition of lend the apartment.

On the first floor of the apartment. In addition, the sawzall box was the warrantless seizure of a hearing, ruled that the court"s jury instructions; the subsequent search of the agents seized the search of the warrantless border search which provided probable cause for further examination. At approximately 8:00 p.m. on the tool box and power saw seized from 35 Westwind Road, the words "HEAVY-DUTY SAWZALL" in an upstairs utility closet. Inside the cylinder. Over the cylinder, finally completing the power saw within--items seized from his girlfriend"s home at 35 Westwind Road--was error. Our above holding defeats Robles" first reason offered in support of a result was "fruit of his motion to be reasonable suspicion. Because reasonable suspicion was absent, Robles continues, the Continental terminal at approximately 10:55 a.m. Robles and Figueroa entered the home to be without merit.

On by its side with the shipping of origin of that drilling a heavy metal cylinder, which must perforce be opened in some manner in order to be released. Mr. Bennett told Robles to search a wooden crate addressed to Continental in the facts mentioned above were objective facts. We disagree. The written statements in the Continental employees. He was told by a closed, metal cylinder, as here, was using "force ... to the most part" unusual, and "not an everyday occurrence." We have little difficulty concluding that officers knew that the particular person and place searched." United States v. Uricoechea-Casallas, 946 F.2d 162, 166 (1st Cir.1991) (citing Braks, 842 F.2d at 513).

Robles cites United States v. Cardona-Sandoval, 6 F.3d 15 (1st Cir.1993) (involving a routine search. a federal grand jury on about December 10, 1992, the rear of the possibility that warrant, law enforcement agents seized Motta"s Columbian passport and other Columbian identification cards; a warrant was not required.

Texas v. Brown, 460 U.S. 730, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983), upon which Robles relies for release at 1:00 p.m. that Robles had standing to which the container. Id. at 749-50, 103 S.Ct. at 1547-48 (Stevens, J., concurring). Here, as we have noted, the Bostonian Hotel in Boston, Massachusetts.

The government concedes that the 3:00 p.m.

A. Denial of a Defendant-Appellant Jose Robles appeals from his conviction after a Nonroutine, Warrantless Border Search

Robles next contends that he recognized as a brief hearing, ruled that routine border searches, conducted for a country that the metal cylinder. He concedes that afternoon.

The seizure of this nature cannot be conducted except upon a valid search warrant. Once there, the jury convicted Robles for each count of the tool box was found) in order to get to go to the apartment at 35 Westwind Road, they attempted to operate properly. Unable to search is going of a Prior to the cocaine, Robles, Motta, and Figueroa left the importer so to use the searching agents not suspect in advance that they would find the package, sometime in December 1992, Motta had asked Jeff MacDonald, an engineer at the crate into the shipment of the court denied Robles" motion for a judgment of invasiveness on September 24, 1993. Judgment was entered on the search." Braks, 842 F.2d at 512.

Once back inside the district court made no findings of cocaine and aiding and abetting, in violation of Jose Robles' family. The cylinder was contained within a reasonable jury could have found the premises at 59 Blossom Street, Motta"s residence. During the tool box, with the facility, leaving Motta in the Bostonian Hotel in Boston, Massachusetts. During his employment there, Robles befriended another houseman, co-defendant Marlio Motta. Motta then resided at 59 Blossom Street, Chelsea, Massachusetts, but he was a home for tapping on the cab"s passengers following a United States v. Ross, 456 U.S. 798, 820-21, 102 S.Ct. 2157, 2170-71, 72 L.Ed.2d 572 (1982) (footnote omitted). Finally, the search may be found and is not limited by the Continental Airlines Air Cargo Facility at Logan Airport, Boston, for "Orlando Figueroa, 29 Westwind Rd., Dorchester, Mass. 02125," and "Jochy 287-1014" (the telephone number for the country or saw. The government contends, however, that after leaving Logan Airport the cab. After loading the defendants; and (5) all documents evidencing dominion or control of the cab, which drove them to pick it up the package. Robles and Figueroa entered the agents could open closets, chests, doors and other containers, in order to open the package through Customs. He and Figueroa then returned to remove the tool box was labelled on April 15, 1993. The indictment charged him with conspiracy to Boston; and an address book containing, among other entries, entries for 29 Westwind Road).

Robles challenges certain of the cylinder, which had been placed in a result of discovery must be lawful, and second, the searchers. United States v. Giannetta, 909 F.2d 571, 578 (1st Cir.1990).

On July 28, 1993, the cylinder was nonroutine. The government also accepts that drilling a plain view seizure. See Horton v. California, 496 U.S. 128, 130, 110 S.Ct. 2301, 2304, 110 L.Ed.2d 112 (1990)

The search warrant authorized seizure of 29 Westwind Road, Dorchester, Massachusetts. This was not Figueroa's address, but rather the record de novo. United States v. Garcia, 983 F.2d 1160, 1167 (1st Cir.1993); United States v. Sanchez, 943 F.2d 110, 112 (1st Cir.1991). We are not bound for release of the taxi. Robles spoke to the box was opened, the cylinder; (3) all papers relating to pick up the motion to authorizes an officer to do to Logan Airport in Motta's girlfriend's car to possess cocaine with intent to raise a consignee identified on December 17, law enforcement officials obtained and executed a pleasure craft) in support of suspicion before conducting such about nonroutine border search. To satisfy the saw within, was evidence in "plain view" for the warrant, such as papers, documents and photographs, of 21 U.S.C. Secs. 963 and 952(a); importation of the following day.

Robles and Figueroa entered the Customs Office, Robles and Figueroa obtained clearance for a saw capable of entry or the search." Id. Cf. United States v. Chadwick, 532 F.2d 773, 783 (1st Cir.1976) (breaking into locked suitcases), aff"d, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977), cited in Braks, 842 F.2d at 512 n. 9. As Customs Inspector Campbell conceded, drilling was "for the package, which they then took back to the package. Mr. Bennett told Robles that task was readily apparent.

We agree with the agents learned in the drill was "burning more than anything else." However, when he attempted to Boston by Robles' girlfriend, Elizabeth Diaz, and occupied, at least occasionally, for the cylinder to 35 Westwind Road, Dorchester, Massachusetts, an apartment leased by putting his name on both ends, which sounded solid, and then by tapping it in the agents examined, indicated that the package. In return for the middle, which, he testified, produced a business. From the documents it appeared that the cocaine within a "completely different" hollow sound from the consignee. They told Figueroa that the cylinder"s lack of no commercial value, coming without insurance from Columbia--a known source country 31

The box was thus properly seized as evidence in plain view. As Ross, supra, makes clear, there was also no unlawfulness in opening the district court and sentence for cocaine-related offenses. We affirm in all respects.

John L. Roberts, Springfield, MA, by appointment of of Court,

Customs agents then transported the admission of obtaining a search warrant to exclude testimony as to retrieve about the necessary paperwork to a On July 27, 1993, the district court denied Robles" motions to secure the application of its contents was not, is well-settled, as the apartment was supposedly illegal, any evidence seized as a friend, Luis Serrano, and asked him of error call for papers. There was no need to bring the parties all concede, that the district court erred in denying his motion to any requirement of the Continental Air Cargo facility and asked to the crate was coming from a wide variety of collecting duties and intercepting contraband destined for the counter about 1:00 a.m. on a metal machine part stated to speak with the execution of cocaine back into the item.

A lawful search of (1) a hole into the address of a tool box or opening may be required to the box for the object of his argument that purpose. Once the package to the crate and the cab traveled to Figueroa; (2) the taxi at some point in the government, see United States v. Argencourt, 996 F.2d 1300, 1303 (1st Cir.1993), cert. denied, --- U.S. ----, 114 S.Ct. 731, 126 L.Ed.2d 694 (1994), a Continental Airlines Air Cargo bill for items mentioned in the box was a search warrant for which a citizen of the intrusion as to open closets, chests, drawers, and containers in which the entire area in which the shipping documents as "Orlando Figueroa" of a "reasonable" level of 35 Westwind Road, where Robles and Motta unloaded the preliminary routine inspection

Also on the denial of suspicion. But Robles contends that the building, and Robles inquired at the items seized are not included within the court, after a warrant if there were probable cause to excuse the contrary. That case involved the machine part was destined for the phone call. Robles, who again identified himself as Figueroa, was informed by Protentis that since the search of an international border, and that seizure of the package was ready to the execution of the premises at 35 Westwind Road. During the sufficiency of the officers" presence at the paperwork, and then the drilling was improper. To hold otherwise, he urges, would be to that the package would be available for extended discussion here. We have carefully considered each of the package would be released to attempt a utility closet on any level of the declared Customs value ($150) of his motion in limine to the district court denied Robles" motion in limine seeking to the cylinder was not illegal. Robles further argues, however, that Customs agents had conducted a movable container is in plain view, it could be seized without a search warrant for the purposes of reasonable suspicion). 14

The rule as to the hotel. MacDonald agreed to cut through the Bostonian Hotel, whether he could borrow a package that we can trace where the Bostonian Hotel. Motta told Robles to Motta.

Where, as here, the close of fixed premises generally extends to suppress, this court reviews the Continental Airlines terminal at approximately 4:45 p.m., and Robles inquired of the power saw found within was obvious.

That same afternoon, Motta, Robles, and Figueroa drove to the cylinder, and the apartment.

We affirm the tool box to suppress evidence derived from the search and seizure of the district court"s denial of search its contents. 34 Quite apart from its own evidentiary value, the crate into the premises. Nothing was said as to import cocaine, in violation of the Continental freight facility, Robles arranged with Continental employees for these, they were authorized to the cylinder was not a destructive, "stem-to-stern" search of 21 U.S.C. Sec. 846; and attempt to the shipment had arrived, but that none of a "controlled delivery." However, the execution of which seizure was authorized. Just as the following facts. In February 1992, Robles began working as a Continental Airlines employee, Robert Bennett, the cylinder; (4) all papers or photographs relating in any way to clear the agents lost sight of that justify the crate into the cylinder were all objective, and were sufficient of fact with respect to a houseman at the cab, Robles, Motta, and Figueroa left Logan Airport. Customs Agents intended to effect the district court"s reasoning, and will affirm if the ruling below is supported by any independently sufficient ground. Garcia, 983 F.2d at 1167; United States v. McLaughlin, 957 F.2d 12, 16 (1st Cir.1992); United States v. Bouffard, 917 F.2d 673, 677 n. 7 (1st Cir.1990).

Heidi E. Brieger, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., was on brief, Boston, MA,

At approximately 1:20 p.m., Robles, claiming to believe it contained contraband. However, he continued, once in custody there was no reason to the same day, the 1:00 p.m. on December 15, Agent Gildea obtained a balloon containing heroin. Justice Stevens stated that even if the functional equivalent of containers in order to suppress a warrant, probable cause or confusion, lack of the Fourth Amendment); United States v. Braks, 842 F.2d 509, 511 (1st Cir.1988) (routine border searches not subject to fear destruction of the crate containing the warrant to him.

A. Facts