Luis Sanchez Plazola v. United States

Appellant was charged in Count I with unlawfully importing and bringing into the United States from Mexico fifty-eight pounds of marijuana on January 20,1960, contrary to Title 21 U.S.C.A. § 176a. Count II charged a violation of the same act on the same date with respect to the same amount of marijuana brought from Mexico by concealing and facilitating transportation thereof. Appellant was sentenced to fifteen years imprisonment on each count, the sentences to run concurrently.

A motion to suppress the fifty-eight pounds of marijuana allegedly illegally obtained as evidence was made and denied below.

Appellant urges five grounds for reversal :

(1) The stopping of his car, his arrest, and the search of his car, were without warrant or probable cause, and hence violative of the Fourth Amendment.

(2) The motion to suppress the fifty-eight pounds of marijuana found in the car of codefendant Singh should have been granted.

(3) The government should have been required to elect between prosecuting appellant for possession and transportation of the one seed of marijuana in his vehicle (a Dodge) or the fifty-eight pounds of marijuana found in Singh’s vehicle (a Mercury).

(4)…