Jesse Louis Jones v. United States

Jesse Louis Jones, appellant herein, was convicted after a jury trial of charges contained in two counts of an indictment filed in the District Court for the Southern District of California, charging a violation of 21 U.S.C. §§ 173 , 176a (unlawful importation of marihuana and narcotics). The appeal was timely made and this court has jurisdiction under 28 U.S.C. § 1291 .

The record shows that appellant, a Negro, was driving his car across the Mexico-United States border at the port of San Ysidro on December 30, 1966. He was accompanied by Joseph Raymond Scott, a Caucasian. The automobile was stopped at the first inspection station and appellant and Scott were asked if they were American citizens and if they were bringing anything from Mexico. They answered that they were citizens and that they were not bringing anything into the country. Appellant was then asked to open the trunk of the car. When he got out to do so the Customs Officer noted that he appeared to be under the influence of “alcohol or something.” In the trunk the Customs Officer noted that there were clothing and things. He then told appellant to drive the car over to the secondary inspection station. There…