Thomas Hughes, Jr. v. United States

This is an appeal from a judgment of the United States District Court for the-District of Nevada. Upon a jury verdict appellant was adjudged guilty of illegal transportation of heroin in violation of 21 U.S.C. § 174 and committed to the custody of the Attorney General fora five-year term.

On the evening of April 22, 1965 police observed appellant in a pool hall in West. Las Vegas. Several persons known by the police to be involved with narcotics were present. Later, while watching appellant’s residence, police saw him emerge and furtively place an object under the front seat of his automobile. As appellant drove away he passed the officers and indicated recognition of them. One of the officers had met appellant on previous occasions. The officers stopped appellant’s automobile and questioned him concerning his presence in the pool hall earlier that evening. Appellant denied being at the pool hall. The police asked him .if they might search appellant. Without speaking he got out of the car and emptied his pockets. When asked if the police might “look” in the automobile for “stuff” appellant replied, “Go right ahead.” Appellant assisted the officers in opening the glove…