Alfred Layton Grier and Thomas Charles Briscoe v. United States

Hank Brown on September 30, 1963, crossed the border on foot from Tijuana, Mexico, to San Ysidro, California. He was followed by appellant Thomas Charles Briscoe. Questioned by customs officers at the border, although Brown was observably rather nervous, he did temporarily satisfy the American officers. He was not searched and he walked on into the United States to a bus station not more than 100 yards away. Briscoe, with narcotics “burn marks” on his arms, was questioned closely. He said Brown was traveling with him. Brown had denied knowing Briscoe.

Thereupon a customs officer went to the bus station and asked Brown to return to the crossing station. Brown complied. En route back, the officer heard something hit the ground. He discovered a small sack containing heroin. It was inferable that Brown had dropped it, intending to abandon it.

After trial commenced on a narcotics indictment, a motion was made to suppress the narcotics found in the bag. The motion was denied. After conviction, this appeal was taken.

The government asserts several reasons to sustain the trial court. It says that the motion was made too late and that Briscoe and Grier have no standing to object; that…