Jose Terrones Rios v. United States

Jose Terrones Rios appeals from his conviction for violating § 2 of the Narcotic Drugs Import and Export Act, as amended, 21 U.S.C.A. § 174 .

Rios contends that it was error to receive in evidence a package of narcotics which had been seized by city police, where a state court had supressed the same evidence, and acquitted, in a prosecution involving the identical incident.

The facts essential to a consideration of this contention are as follows: Los Angeles police officers, watching for possible illegal narcotics activity in a problem-area of the city, took under surveillance a taxicab which was parked in a lot next to an apartment house. They observed Rios approach the taxicab, look furtively about, and enter. As the vehicle drove away, the police officers followed in an unmarked police car. The time was 11:00 p. m.

When the taxicab stopped at a traffic signal, the two officers alighted from their car and approached. They had no warrant for Rios’ arrest, had not seen him commit any crime, and had no idea as to his identity. One officer came to the side of the taxicab where Rios was seated, and orally identified himself as a police officer. He exhibited his badge and shined…