Kenneth Leroy Howard v. United States

Appellant Howard appeals from his conviction for violating 21 U.S.C. § 176a (transporting illegally imported marihuana) and 21 U.S.C. § 174 (transporting illegally imported heroin). He raises several constitutional objections to sections 174 and 176a and claims that the district court erred in denying his motion to suppress the heroin as the product of an illegal search and seizure.

Howard was arrested in Los Angeles as he was driving a Chevrolet loaded with concealed marihuana. The load car had been under continuing surveillance since its entry into the United States from Mexico. It had been driven across the border by a Government informant who thereafter left it in a place designated by a person whom the informant had telephoned. Howard arrived in the area in a Buick automobile, drove around the block, then parked across the street from the load car. A few minutes later, as he was driving the Chevrolet about 14 blocks from the place he had parked the Buick, Howard was arrested and searched. The keys to the Buick were taken from him by the arresting officers. One of the officers, using those keys, unlocked the Buick and drove it to the parking lot of the Federal Building. The…