United States v. Alfred M. Lewis, Inc.

This is an appeal by the Government from an order of the district court suppressing certain evidence which tended to prove that appellee had violated the Federal Food, Drug and Cosmetic Act. 21 U.S.C. §§ 331 (k) and 333(a)

Jurisdiction below rested on 18 U.S.C. § 3231 , and here on 18 U.S.C. § 3731 and 28 U.S.C. §§ 1291 and 1294.

We reverse, and remand the matter for trial.

The trial judge’s order for suppression stated only that the cases of See v. City of Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967) and Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967), required the obtaining of a search warrant, unless consent to the search was given. The court then, relying on Cipres v. United States, 343 F.2d 95 (9th Cir. 1965), found no consent had been given by appellee.

We hold consent was given, both as a matter of law and fact, and that there was a knowing and informed consent.

In the Ciprés case, a search of defendant’s allegedly locked bags was made at an airport by a United States Customs agent and an officer of the Los Angeles Police Department, without a search warrant, whereupon narcotics were exposed.

Mrs. Ciprés was asked if…