United States of America, and v. Franklin Nial Castle, And

The appellant, hereinafter called the defendant, was indicted, tried and convicted in the United States District Court for the District of Arizona, of having violated Section 174 of Title 21, United States Code, by fraudulently and knowingly importing and bringing into the United States from Mexico three grams of heroin.

Before his trial, the defendant filed a Motion to suppress the heroin which, if not suppressed, was to be used by the prosecution at the trial as evidence to prove that the defendant had, in fact, imported heroin. The motion to suppress was based upon the claim that the heroin had been obtained by the Government by an illegal search of the person of the defendant. The motion to suppress was denied, the heroin was, over the defendant’s objection, admitted at his trial and as we have said, he was convicted. His trial was by the court, both he and the Government having waived the right to jury trial.

In the instant appeal the defendant asserts that the District Court committed error in denying his motion to suppress, and in admitting the heroin in evidence at his trial.

The circumstances of the seizure of the evidence were the following. On September 27, 1967, at…