Myrtle P. Cutchlow v. United States

Charged in a one count indictment with violation of 21 U.S.C.A. § 174 relating to unlawful transportation and concealment of narcotic drugs, appellant was adjudged guilty pursuant to a juiw verdict. On appeal appellant contends: (1) the heroin in question was obtained by illegal search and seizure; (2) appellant’s admissions concerning her possession of the drug were not sufficiently corroborated; (3) the above cited statute is unconstitutional; and (4) the Oregon statute, ORS 475.655, authorizing detention warrants for suspected narcotic users is unconstitutional.

The evidence necessary for disposition of the questions presented may be summarized as follows: In the early evening of January 9, 1960 city police officers Todd, Eck and Bisenius proceeded by automobile to the vicinity of appellant’s residence in Portland, Oregon. Their purpose was to execute a warrant for the arrest of one James Turner then reportedly residing with appellant and also to take custody of appellant pursuant to a previously issued detention warrant under the cited Oregon statute.

As the officers approached appellant’s residence they saw appellant and a man later identified as David Jones walking toward…