United States v. Wellman Tufts Barnes, United States of America v. Frank Knox

Upon trial without a jury before the United States District Court for the Southern District of California, Wellman Tufts Barnes was found guilty of smuggling marihuana in violation of 21 U.S.C. § 176 (a). At a previous trial without a jury and before the same court, Frank Knox was found guilty of aiding and abetting Barnes in the smuggling of marihuana in violation of 21 U.S.C. § 176 (a) and 18 U.S.C. § 2 . Their respective appeals were consolidated for argument and disposition.

Both defendants assert that the trial court erred in denying their respective motions to suppress, and in receiving into evidence their incriminating statements.

On February 11, 1968, Barnes entered the United States from Mexico at Calexico, California. He was driving a Volkswagen Microbus and was accompanied by the owner of the bus, Michelle Ann Trosello. At the Calexico Port of Entry customs house, the bus was searched and found to contain a large quantity of marihuana. Barnes then fled the scene but was apprehended soon thereafter and was returned to the customs office.

A further search of the bus revealed three Mexican tourist visas, one for Barnes, one for Miss Trosello and a third for Knox. On the…