United States v. Larry Albert Williams

Williams was convicted, in a non jury trial, of having violated 18 U.S.C. § 545 , by smuggling, concealing, and transporting undeclared drugs. He appeals, contending that the contraband was discovered as a result of an illegal search. We deferred submission of the appeal, pending the Supreme Court’s disposition of United States v. Johnson, 425 F.2d 630 (9th Cir. 1970), cert. granted, 400 U.S. 990 , 91 S.Ct. 451 , 27 L.Ed.2d 437 (1971). That disposition having been made, we have now concluded that the judgment of conviction must be reversed.

Williams entered the United States at San Ysidro, California, riding as a passenger in a car driven by one Mills. The border customs official in the primary inspection area noted, from information supplied by a computer, that there was some reason to be suspicious about Mills’ vehicle. He therefore referred Mills and Williams to Inspector Addis in the secondary inspection area.

Addis made further inquiry through the computer and learned that the occupants of the automobile bearing the license plates then affixed to Mills’ vehicle were suspected of having smuggled contraband into the United States. He also discovered that the information…