Paul Garcia Murgia, Pedro Hernandez Ramirez and Joe Ramirez Carpio v. United States

The three appellants herein were convicted by the court below, sitting without a jury, of a conspiracy to import heroin, 18 U.S.C. § 371 , and the illegal importation of narcotics, 70 Stat. 570 (1956) 21 U.S.C.A. § 174 . (Two counts.) Murgia and Ramirez (also known as Hernandez) were sentenced to concurrent ten year terms; Carpió to concurrent five year terms. Upon filing a timely appeal, each appellant was permitted to proceed in forma pauperis. Each was represented below and on this appeal by able counsel.

Prior to September 9, 1959, custom agents at Calexico, California, had information that large quantities of narcotics were being imported into the United States concealed in body cavities; that these narcotics were being taken to an abandoned house north of Calexico, and there removed and used. From evidence that need not be repeated, the rectum was the cavity usually used. The agents had information that Murgia was a known narcotics addict and that he registered as an addict upon frequent crossings of the border. On this date, Custom Agent Scott saw Murgia'enter the United States from Mexico on foot after having registered as a narcotics addict. Murgia was not searched at…