Fernandez

Defendants, James and Ann Fernandez, husband and wife, were indicted for conspiracy to import and distribute heroin in violation of 21 U.S.C. §§ 173 , 174. In addition, defendant James Fernandez was separately charged under 18 U.S.C. § 1952 with traveling between California and Mexico, and performing other acts, in order to facilitate unlawful narcotics activity. On February 27, 1971, federal agents searched a residence at 1167 C Street, Hayward, California, and seized, inter alia, several pounds of heroin. Defendants now move for suppression of that heroin along with other evidence seized essentially on the ground that the search was conducted in violation of the “knock and notice” requirements of 18 U.S.C. § 3109 . For the reasons hereinafter stated, the motion is denied.

I.

Preliminarily, the government contends that defendants lack standing to object to the C Street search. Having considered the affidavits submitted and the evidence adduced at the hearing, the Court finds the facts in this regard to be as follows:

A.

In February, 1971, George T. Lucas, the owner of 1167 C Street, Hayward, California, rented that residence to Dolores Fernandez, the mother of James…