United States v. Gerald Stanley Sherman and Richard Henry Holland

Appellants were convicted by a jury of a violation of 21 U.S.C. § 176a. (Illegal concealment and transportation of marihuana). On appeal they challenge the failure to grant a motion for the suppression of evidence. They also raise a number of constitutional claims. We affirm.

MOTION TO SUPPRESS

A motion to suppress evidence was filed and a hearing on the motion was held pursuant to Rule 41(e) on November 12, 1968. The evidence taken at the hearing stated most favorably to the position of the government, Cotton v. United States, 371 F.2d 385, 388 (9th Cir. 1967), was obtained from two officers.

Mr. Everett H. Turner is a Customs Port Investigator who has been stationed at Nogales approximately five years.

Just after 10:30 p. m. on September 30, 1968, he received a call from Deputy Sheriff Bracamonte of Santa Cruz County, Arizona (Nogales). Braca-monte told Turner that he had talked to three young men west of Nogales on Masonic Drive near the hospital. One was a “hippie” type with long hair and the other two had long hair but not excessively long; that he had stopped to offer assistance which was refused; that they told him they had been out watching the stars and that they had…