Defendant Voluntarily Abandoned Suitcase on Bus

U.S. v. Ojeda-Ramos, -- F.3d --, 2006 WL 2106801 (10th Cir. 7/31/06) - affirmance of denial of motion to suppress 12 pounds of heroin found in suitcase to which dog alerted during bus stopover. Pretending to be a Greyhound employee, one of the officers told the passengers the bus had mechanical problems and ordered them to claim their bags and leave the bus. After Ojeda-Ramos looked at the tag on the bag containing heroin, he was asked if it was his and he denied that it was. The district court correctly decided he had abandoned it voluntarily and not as a result of a Fourth Amendment violation. Ojeda-Ramos was not seized by the officer's order to leave the bus; there was nothing unconstitutional about the ruse by law enforcement officers. It was reasonable to search the abandoned bag without a warrant.