Humberto Collozo v. United States

Collozo was convicted by a jury under a one count indictment charging him and one Jesus Marino Rodriguez with concealing and facilitating the transportation and concealment of approximately 65 kilograms of marijuana in violation of 21 U.S.C. § 176a. On this appeal he assigns three errors:

1. That Exhibits 2 and 3, two suitcases full of kilogram packages of marijuana, were unlawfully searched and seiz ed in violation of his constitutional rights under the Fourth Amendment to the Constitution.

2. That the government failed to meet its burden of proof that he had possession of the marijuana.

3. That it was prejudicial error to compel him to remove his shoes so that they could be identified by a government witness who testified that he sold the shoes to Collozo.

The pertinent facts are these: Joan E. Perkins, a ticket agent for United Airlines at its ticket office at 501 West 6th Street, Los Angeles, sold to Collozo, under the name of Calil, two one-way first class tickets to New York City. The sale occurred on May 26, 1964, between 3 and 4 o’clock that afternoon, and the reservations were on United’s 10:45 P.M. flight to New York for that day. Collozo paid cash, $321 in $20…