James D. Charles v. United States

Appellant stands convicted on four counts of an indictment, two counts charging unlawful acquisition and importation of a package of marijuana found upon his person and two counts containing similar charges in regard to a second package discovered in his garage. Appellant contends that both packets of narcotics were wrongfully admitted into evidence; that they were obtained by searches and seizures which violated the Fourth Amendment.

Five members of the Honolulu Police Department arrested appellant at the door to his home upon two warrants sworn out by his wife charging threatening and assault and battery. Appellant invited the officers inside the house while he read the warrants. He was “frisked” at this time and found to be unarmed. A patrol wagon was summoned to pick up the prisoner. One of the officers testified that as he walked into the house he detected the odor of burning marijuana in the air. Another officer accompanied appellant’s sister-in-law outside the house to an automobile in order to get appellant’s eyeglasses. Upon their return this officer stated to another officer that appellant was supposed to have marijuana on his person. Appellant was told to empty his…