Thelma J. Davis v. United States

In a trial to a jury in the District Court, Thelma J. Davis and Joseph Wayne Stroops were found to have violated 21 U.S.C. § 174 in that they had knowingly concealed and facilitated the transportation and concealment of a quantity of heroin, knowing the drug had been imported and brought into the United States contrary to law. Each defendant was sentenced to a five-year term of confinement. Davis challenges her conviction, invoking the appellate jurisdiction conferred upon us by 28 U.S.C. § 1291 .

Davis and Stroops were observed to cross the United States-Mexico boundary by automobile at the San Luis, Arizona, port of entry. Their vehicle stopped there briefly but was not detained. Customs Agent Martin was instructed by his supervisor, one Holleron, to keep the car under surveillance. Pursuant to that instruction, Martin followed the vehicle until it stopped at the agricultural inspection station near Winter-haven, California, some 32 miles from the border. At that time Martin directed Davis and Stroops to alight from the vehicle, and a search was conducted by Agent Holleron. Although the search disclosed no narcotic, a loaded pistol was discovered in Davis’ purse, and she was…