Everett Lyle Thomas v. Proper Instruction on Burden of Proof

On January 14, 1965 appellant Thomas was indicted, together with four other defendants (Ortega, Tona, Mrs. Ortega and Miss Bock) on one count of violating Section 174 of Title 21 United States Code, to-wit: receiving, concealing, and facilitating the transportation and concealment, of 13.7 grams of heroin. The heroin was discovered in a search of an automobile on November 30, 1964, of which appellant Thomas was the owner and driver. The search was incident to an arrest made when the auto was stopped between eight and nine miles north of the Mexican border. The auto and the defendants had come across the border from Mexico the previous day.

Prior to the trial, and on January 15, 1965, defendant Tona pleaded guilty to the lesser charge (failure to register as a narcotic user) and was dismissed as a defendant from this case.

Defendants Thomas and Bock moved to suppress the seized heroin, alleging an illegal search and seizure in that the searching officers did not have probable cause to believe the defendants had or were about to commit a felony.

The government resisted the motion, urging probable cause existed for the search ( 19 U.S.C. § 482 ). The trial judge upheld the…