Henry Brulay v. United States

Henry Brulay was convicted of conspiring to smuggle amphetamine tablets into the United States. 18 U.S.C. §§ 371 , 545. The evidence, if admissible, was sufficient to warrant a jury in finding that the defendant received quantities of amphetamine tablets at a Mexican airport and transported them to a building in Tijuana, Mexico, over which he had control. By means of telephone calls meetings were arranged between the defendant and David Fierro in Tijuana, at which meetings the tablets were delivered by the defendant to Fierro for transportation to the United States. This was done pursuant to an agreement with Fierro who had agreed to pay the defendant twenty dollars for each load that he received.

A reversal is urged for six reasons.

It is urged that the fruits of an illegal search and seizure were admitted in evidence.

Two Mexican police officers noticing that the car which the defendant was driving looked heavy in the rear, stopped him and asked him what he had in the car. The defendant appeared to the officers to be nervous so without a warrant they arrested him and took him into the police station. There defendant, at the request of the officers, opened the trunk of the car…