United States v. Herminia Gil De Avila

As a result of a strip search of Herminia Gil de Avila (Herminia), two rubber prophylactics containing one and three quarters ounces of heroin were discovered as she “lowered her undergarments to her ankles.” Despite this discovery, the district court granted Herminia’s motion to suppress on the ground “that there were [no] facts to support the search of [Herminia].”

For purposes of the motion to suppress, the parties stipulated to the following: On August 22, 1971, a 1964 Chevrolet station wagon entered the United States from Mexico at the San Ysidro, California Port of Entry. Jose Avila was driving. Juana Avila was a front seat passenger. Regino Marquez and Herminia were the back seat passengers.

Other than a loaf of bread, all four occupants of the car declared they brought nothing from Mexico. As he questioned the occupants, Customs Inspector Driscoll observed that Marquez’ “carotid artery was pulsating and [that] he was sweating.” At the same time, Driscoll noticed that Jose Avila “was getting nervous.” When Jose complied with Driscoll’s request to open the rear portion of the station wagon, his throat could be seen “pulsating.” Suspecting that “contraband was • hidden…