Johnny Sabbath v. United States

Defendant, convicted on one count of importing cocaine, and on a second count of concealing and facilitating the transportation of the same cocaine in violation of 21 U.S.C. § 174 , appeals from the judgment of conviction, asserting as error the admission of evidence seized at the time of his arrest.

Unless made as an incident of a lawful arrest the seizure was invalid on fourth amendment grounds because it was accomplished as the result of a search without a warrant. The arrest in turn depends upon whether the arresting officers had reasonable cause to believe that the defendant was committing, or had committed a felony.

The facts are these: On February 19, 1966, one William Jones was searched at the Mexican border and found to be in possession of a condom containing about an ounce of cocaine. He told the customs officers that he had been taken to Mexico by defendant in defendant’s car and promised $100.00 if he would bring the cocaine, which defendant gave to him, back to the United States. Jones had in his possession a card with the word "Johnny” and the number “758-9794”, written upon it. On the next day a Customs Investigator dialed Los Angeles 758-9794 whereupon Jones…