Jewel Polk v. United States

Jewel Polk was indicted on a single count charging him with the unlawful concealment of heroin in violation of 21 U.S.C.A. § 174 , and following a trial to the court was found guilty and sentenced to fifteen years’ imprisonment. This is an appeal from that judgment.

The evidence showed that on the evening of June 3, 1960, officers of the San Francisco Police Department delivered $180 in marked bills to an informer with instructions to make a purchase of narcotics. He gave the money to one Stanciell who went to the residence of appellant, a known trafficker of narcotics. Twenty minutes later Stanciell left appellant’s home and proceeded directly to the place where he and the informer had arranged to meet. As police officers approached, Stanciell placed something in his mouth and swallowed it. He was searched but found to possess neither narcotics nor any of the money and he refused to divulge any information. Thereupon, four police inspectors accompanied by a federal narcotics agent went to appellant’s residence. This was a two-story building divided into two flats, each having a separate entrance. Appellant inhabited the upper fiat while another family occupied the remaining…