United States v. Michael Velasquez

Appellant was convicted pursuant to 21 U.S.C. §§ 952 , 960 and 963 for the importation into the United States of a controlled substance, approximately five grams of heroin. He raises three issues in this appeal.

Appellant contends that the heroin should not have been admitted into evidence, because a warrantless search at the border of the United States and Mexico resulted in finding a rubber contraceptive containing heroin in appellant’s rectum. Appellant contends the search and seizure was unreasonable because at the time of the search there was no clear indication that contraband was hidden in the body cavity.

We believe the customs agents at the border had sufficient suspicion of appellant to conduct a strip search of him. They testified appellant appeared nervous and glassy-eyed; the pupils of his eyes were pinpointed; he had a semi-drowsy appearance; there were needle marks on both of his arms, one mark appearing to be fresh; and he did not seem to be under the influence of alcohol, as there was no alcoholic odor on his breath. Based on the foregoing facts, the customs agent determined appellant was under the influence of a narcotic. In searching appellant’s wallet, a copy…