Ralph N. Shorter v. United States

Appellant Ralph N. Shorter was convicted by the Court, sitting without jury, of violating 21 U.S.C. §§ 952 (a) and 960 (a)(1): Knowingly and intentionally importing heroin into the United States of America.

We affirm.

Defendant contends (1) the heroin was the product of an illegal search in violation of the Fourth Amendment and should have been excluded; (2) the trial judge erred in denying the production of certain statistical information concerning other searches by the Special Agent in Honolulu; (3) that the Special Agent should have given him the Miranda warning. The facts surrounding the search are briefly as follows:

On February 20, 1972 á Special Agent of the United States Customs Bureau on duty at the foreign arrival area in Honolulu International Airport observed Shorter standing at a counter waiting for his baggage to be inspected. The agent noticed that Shorter was repeatedly looking about in all directions in a very nervous manner. A closer examination revealed that Shorter’s face was per spiring heavily and that despite the warm humid weather Shorter was bulk-ily dressed wearing an overcoat, a suit coat, and a dress shirt open at the neck exposing a turtle neck…