Ernest Hammond v. United States

Appellant was arrested at the Port of Andrade on the Mexican-United States border when the 1963 pickup truck he was driving was searched. Two packages of heroin were found, concealed in a hole cut into the air-cleaner of the automobile. Appellant claimed before a jury that he was innocently driving the car, borrowed by him, for one of his companions at an agreed compensation, but with no knowledge of the heroin. The jury convicted appellant on Count I (conspiracy to import heroin; 21 U.S.C. § 174 ) and on Count II (knowingly importing heroin; 18 U.S.C. § 2 ).

Three other suspects arrested with appellant and charged with the conspiracy in Count I, and aiding and abetting appellant in Count II, pleaded guilty to a tax charge, and did not testify at appellant’s trial.

This was a border search by a customs official ( 19 U.S.C. § 482 ).

Appellant first complains that “an unknown informant” alerted border officers to the fact that heroin might be brought across the border by four individuals who had been endeavoring to buy heroin in Mexico, and who were traveling in a 1963 pickup truck bearing a stated license number. Appellant complains he was “never confronted with the witness…