Lonnie Melvin Murray and Johnnie Charles Murray v. United States

Lonnie and Johnnie Murray jointly appeal from judgments of conviction of violations of 21 U.S.C. § 174 , smuggling and concealing heroin. Appellants were found guilty by a court sitting without a jury.

On appeal appellants challenge the sufficiency of the evidence to support their convictions, the legality of the search which resulted in the seizure of the contraband, the constitutionality of 26 U.S.C. §§ 4721 and 4722, and the sufficiency of the first count of the indictment.

Johnnie and Lonnie are brothers. On the morning of February 11, 1967, the brothers flew from San Francisco, their residence, to Los Angeles for the stated purpose of visiting friends and relatives in Los Angeles. The trip was Lonnie’s idea, and he paid their air fare. About an hour after their arrival in Los Angeles, at Lonnie’s suggestion, they borrowed a car and drove to Tijuana. Returning from Mexico to the United States the brothers reached the port of entry about "3:00 p. m. the same day. Lonnie was driving the car. Customs Inspector Dale asked each of them about his citizenship and about purchases in Mexico. They replied that they were citizens of the United States and that they had purchased nothing…