Ramona Cipres and Juan Montes Deoca v. United States

Ramona Ciprés and Juan Montes De-Oca appeal from convictions for trafficking in marihuana contrary to 21 U.S. C.A. § 176a.

I

Appellants argue that the district court erred in admitting into evidence two suitcases containing marihuana, contending that the evidence was secured by conduct violating Ciprés’ Fourth Amendment right to freedom from unreasonable search and seizure.

The marihuana was discovered and seized at the Los Angeles International Airport by a Customs agent and an offi cer of the Los Angeles Police Department. Their testimony relevant to the search and seizure was as follows: In September 1963, a man known to be engaged in narcotics traffic between Los Angeles and New York City checked in at a Los Angeles hotel under the assumed name of “Martinez.” The airline companies were asked to advise the authorities of any reservations made in that name. On September 17, American Airlines informed the Customs Service that such a reservation had been made for an evening flight to New York City. The Customs agent and the police officer stationed themselves near the check-in counter. Shortly before the scheduled departure time of the flight a car drove up to the adjacent curb…