United States v. Frank Karl Selby, Steven Arthur Clark, Paul Evans Carbone, Carol Nalani Palmieri, and Elaine Rose Fodor

Appellees were indicted on November 8, 1967, for conspiring to import, receive, conceal, buy, sell and facilitate the transportation of approximately 332 pounds of bulk marijuana, a violation of 21 U.S.C. § 176a. Two of the appellees, Selby and Palmieri, were also indicted on a second count, under 21 U.S.C. § 176a, for knowingly importing the 332 pounds of bulk marijuana with intent to defraud the United States.

Appellees moved to suppress the incriminating evidence on Fourth Amendment grounds. This was granted, and it is the granting of this motion that the Government appeals here under 18 U.S.C. § 1404 , an action cognizable in this court under 28 U.S.C. § 1294 (1).

Driving a camper truck where the marijuana was concealed, appellees Selby and Palmieri, who claimed they were en route to Mazatlan, Mexico, told the customs inspector on duty at the port of entry at Lukeville, Arizona, that they wished to enter the United States long enough to have an affidavit, needed for a Mexican tourist car permit, notarized. After a somewhat cursory inspection, the guard nevertheless passed the vehicle and its occupants for re-entry into* this country. Immediately after the camper had been…