Luis L. Cervantes v. United States

Luis L. Cervantes appeals from his conviction on three counts of illegally importing, transporting, and concealing narcotics in violation of 21 U.S.C.A. § 174 . The one question presented is whether narcotics and a hypodermic syringe, received in evidence over appellant’s objection, were obtained by an illegal search and seizure.

The facts having to do with the search and seizure are not in dispute. On September 27, 1955, Kenneth Grant, a federal customs investigator, received information about a man who was said to have gone to Tijuana from Los Angeles to purchase narcotics. He was described as a short man of Mexican extraction with the given name of “Luis,” the surname being unknown. The information was that “Luis” was dealing with one Manuel Vargas — a person known to Grant since 1946 as a vendor of narcotics in Tijuana. The informant further advised that the car driven by “Luis” contained a secret compartment for hiding marijuana. The informant described the car as a green Plymouth, Dodge, or Chrysler, with license number 1W47527 or 1W47537.

Grant testified that his source was one who “has informed.” Neither he nor any other witness, however, indicated that the informant was…