Jerry Warren Groshart v. United States

Groshart appeals from his conviction, following a jury trial, of having smuggled and concealed marijuana in violation of 21 U.S.C. § 176a and of having smuggled amphetamine tablets and barbiturate capsules in violation of 18 U.S.C. § 545 .

Groshart is a United States citizen. He was arrested on April 10, 1966, when he and a companion attempted to enter the United States from Baja California, Mexico. At the inspection point for the border crossing at San Ysidro, California, in the course of a routine border inspection, the Customs Inspector noticed that the spare tire of the station wagon being driven by Groshart was not in the tire well. This prompted the Inspector to cause Groshart to remove the top of the tire well. Inside, the Inspector saw a number of packages containing a substance later identified as marijuana. Further inspection disclosed that the tire well contained sixteen packages of marijuana and two jars of amphetamine tablets and barbiturate capsules and that the side panels of the vehicle contained an additional sixteen packages of marijuana. Both Groshart and his companion were placed under arrest.

At approximately 2:30 a. m. on the morning of the 10th, a Customs…

(dissenting):

I respectfully dissent.

On April 16, 1966, appellant crossed the border at the San Ysidro Port of Entry driving a 1950 Plymouth station wagon. A search of the vehicle revealed a number of packages of marijuana, amphetamine and seconal concealed in the tire well and side panels of the vehicle.

When interviewed by the officers, appellant was advised of his Constitutional rights as they had been delineated by the Supreme Court at that time. He was advised that he was under arrest; that he did not have to make any statement and that any statement he did make could be used against him. He was further advised that he was entitled to the presence of an attorney. He was not advised that if he could not afford an attorney, one would be cvppóinted to represent him. This last caveat was added to the warnings required of an interrogator by Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , decided by the Supreme Court on June 13, 1966, which was subsequent to the interrogation in this case.

The appellant voluntarily told the officers that a man named “John” had asked him to drive the Plymouth station wagon to Mexico for the purpose of picking up a…

392 F.2d 172 Jerry Warren GROSHART, Appellant, v. UNITED STATES of America, Appellee. No. 21517. United States Court of Appeals Ninth Circuit. March 27, 1968. Harry D. Steward (argued), Federal Defenders, Inc., San Diego, Cal., for appellant. Edwin L. Miller, Jr. (argued), U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee. Before MERRILL and ELY, Circuit Judges, and BYRNE, District Judge. ELY, Circuit Judge: 1 Groshart appeals from his conviction, following a jury trial, of having smuggled and concealed marijuana in violation of 21 U.S.C. § 176a and of having smuggled amphetamine tablets and barbiturate capsules in violation of 18 U.S.C. § 545 . 2 Groshart is a United States citizen. He was arrested on April 10, 1966, when he and a companion attempted to enter the United States from Baja California, Mexico. At the inspection point for the border crossing at San Ysidro, California, in the course of a routine border inspection, the Customs Inspector noticed that the spare tire of the station wagon being driven by Groshart was not in the tire well. This prompted the Inspector to cause Groshart to remove the top of the tire well. Inside, the…